i 


UC-NRLF 


B    3    D52    fiDS 


GIFT   OF 


DOCUMENTS 

OEPT. 


FINAL  REPORT 


OF  THE 


INTERNATIONAL  JOINT  COMMISSION 


ON  THE 


LAKE  OF  THE  WOODS 
REFERENCE 


WASHINGTON-OTTAWA 


DEPT. 


INTERNATIONAL  JOINT  COMMISSION. 


UNITED  STATES. 

OBADIAH  GARDNER,  Chaibman. 
JAMES  A.  TAWNEY. 
R.  B.  GLENN. 

Whitehead  Kluttz,  Secretary. 


CANADA. 

CHARLES  A.  MAGRATH,  Chaibman. 
HENRY  A.  POWELL,  K.  C. 
P.  B.  MIGNAULT,  K.  C. 

IjAwbence  J.  BuBPEE,  Secretary. 


c- 


LETTER  OF  TRANSMITTAL. 


June  12, 1917. 
Sih:  We  have  the  honor  to  inclose  herewith  the  Final  Report  of 
the  International  Joint  Commission  in  the  matter  of  the  reference  of 
June  27,  1912,  submitted  by  the  Governments  of  the  United  States 
and  of  the  Dominion  of  Canada,  under  the  provisions  of  Article  IX 
of  the  treaty  of  January  11,  1909,  between  the  United  States  and 
Great  Britain. 
We  have  the  honor  to  be,  sir,  your  obedient  servants, 

Whitehead  Kiiirrrx, 
Lawrence  J.  Burpee, 

SeereUarie*. 
The  honorable  the  Secretary  or  State, 

Washington^  D.  C. 


nC9799 


LETTER  OF  REFERENCE. 


Identical  letters  of  reference  on  behalf  of  the  Governments  of  the 
United  States  and  the  Dominion  of  Canada,  dated  June  27,  1912, 
were  addressed  to  the  International  Joint  Commission  as  follows : 

I  have  the  honor  to  Inform  you  that  at  the  request  of  the  Government 
of  the  United  States  and  of  the  Government  of  the  Dominion  of  Canada, 
under  the  provisions  of  Article  IX  of  the  treaty  of  January  11,  1909.  between 
the  United  States  and  Great  Britain,  the  questions  or  matters  of  difference  set 
forth  below,  which  have  arisen  between  them  Involving  the  rights,  obliga- 
tions, or  Interests  of  each  In  relation  to  the  other,  or  to  the  Inhabitants  of 
the  other,  along  their  common  frontier  between  the  United  States  and  the 
Dominion  of  Canada,  are  hereby  referred  to  the  International  Joint  Commis- 
sion for  examination  and  report  upon  the  facts  and  circumstances  of  the 
particular  questions  and  matters  referred  together  with  such  conclusions  and 
recommendations  as  may  be  appropriate. 

The  questions  so  referred  are  as  follows,  namely : 

(1)  In  order  to  secure  the  most  advantageous  use  of  the  waters  of  the  Lake 
of  the  Woo<1h  and  of  the  waters  flowing  Into  and  from  the  lake  on  eadi  Bide 
of  the  boundary  for  domt^stic  and  sanitary  puriM>st>t(,  for  navigation  and  tmuh 
r>ortatlon  purposes,  for  fishitig  purposes,  and  for  power  and  irrigatloo  purpo—, 
and  also  in  order  to  stH-urc  the  most  advantagifUiK  use  of  the  ahOTW  and 
harbors  of  the  lal^o  and  of  the  waters  flowing  Into  and  from  the  lake,  is  It 
practicable  and  <lcsirnl)ie  to  ma'ntaln  the  surface  of  the  lake  during  the 
different  seasons  of  the  year  at  a  certain  statwl  level,  and  If  so  at  what  level? 

(2)  If  a  certain  stated  level  Is  rei-onunemleil  In  answer  to  question  No.  1, 
and  If  such  level  Is  higher  than  the  normal  or  natural  level  of  the  lake,  to 
what  extent,  if  at  all,  wo\ild  the  lake,  when  maintained  at  such  level,  OTcrftow 
the  lowlands  u|M>n  its  southern  border,  or  elsewhere  on  Its  border,  and  what 
is  the  value  of  the  lands  which  woul<l  Ik»  subnu>rg«i? 

(8)  In  what  way  or  nuinner,  Including  the  (xmstruction  and  uperatioa  oC 
dams  or  other  worlds  at  the  outlets  and  inlets  of  the  lake,  or  In  the  W^ten 
wliich  are  dire<*tiy  or  Indirectly  tributary  to  the  lake,  or  otherwise,  Is  It  posrible 
and  advisable  to  regulate  tlie  volume,  use,  and  outflow  of  the  waten  of  the 
lake  so  as  to  maintain  the  level  rec«immendtHl  In  answer  tO  QimUou  1«  end 
by  what  nteans  or  arrangement  can  the  proper  coustructlon  end  operetleo  Ct 
regulating  works,  or  a  system  or  nietliod  of  regulation,  be  best  secttTSd  end 
nuilntahuMl  in  order  to  insure  the  adequate  protection  end  developm«t  of  all 
the  Interests  invoivtHl  <in  both  sidee  of  the  boundary,  with  the  leeat  poalble 
damage  to  all  rights  and  Interests,  both  public  and  private^  which  ougr  Iw 
fUfected  by  maintaining  the  proposed  level? 


CONTENTS. 


List  of  illuBtrations 7 

Pabt  I. — FiNAi,  Report. 

I.  Introduction 11 

II.  Summary  of  physical  conditions 14 

III.  Facts  and  circumstances 16 

IV.  Conclusions  and  recommendations:  Question  1 26 

V,  Conclusions  and  recommendations:  Question  2 28 

VI.  Conclusions  and  recommendations:  Question  3 32 

VIIr->8ummary  of  conclusions 39 

VIII.  Discussion  of  facts:  Question  1 41 

IX.  Discussion  of  facts:  Question  2 53 

X.  Discussion  of  facts:  Questions 63 

XI.  Administering  proposed  regulation 70 

XII.  Immediate  international  supervision 78 

Part  II. — Supplemental  Conclusions  and  RscoiiMBNDAnoNa. 

I.  Explanatory  statement 75 

II.  Objections  to  restricted  control 76 

III.  Tributary  waters  should  be  included 77 

IV.  Answer  to  question  3  incomplete S4 

V.  Recommendation  as  to  "means  or  arrangement" 86 

VI.  DiBCussion  as  to  acquiring  neceasary  rights •.•..... 90 

VII.  Reference  not  "restricted  "  by  implication 101 

Part  III. — Sufplbmbnt. 

I.  Physical  conditions ill 

II.  History  of  region 119 

III.  Boundary  questions US 

IV.  Settlement 141 

V.  Water  supply  and  sanitation 151 

VI.  Agriculture IM 

VII.  Lumbering IfT 

VIII.  Mining 174 

IX.  Fisheries , 180 

X.  NavigtUon 110 

XI.  ReereBtion 104 

XII.  Power  development 100 

XIII.  Divenions  from  the  watorahod 01 

Pa«t  IV 

Appendix MO 

Hil)lii)gr«phy • m 

Indox Mi 


LIST  OF  ILLUSTRATIONS. 


Plate   1.  Sunflet  on  the  Lake  of  the  Woods.    (JVontiflpiece.)  ?•(•. 

2.  a,  Lake  of  the  Woods  survey;  b,  Lone  Tree  Point 14 

3.  Norman  Dam 17 

4.  a,  Kenora  power  house;  6,  Winnipeg  city  power  plant 20 

5.  Flour  mills  at  Kenora 24 

6.  Winnipeg  River 28 

7.  a,  Flooded  farm,  south  shore;  b,  Lumber  slide,  upper  watershed. . .  31 

8.  Pithers  Point,  Fort  Frances .' 35 

9.  High  water  at  Fort  Frances 42 

10.  a.  Municipal  plant,  Kenora;  6,  Control  dam,  Pinawa  Channel 47 

11.  Rocks  showing  high-water  mark 54 

12.  Cast  up  shore  line  on  south  shore 61 

13.  One  of  the  upper  lakes 65 

14.  Submerged  dock,  Kenora 70 

15 .  White  Dog  Rapids 75 

16.  Kenora 80 

17.  Front  Street,  Port  Frances 84 

18.  Little  Grassy  River 90 

19.  High  Water  on  Rat  Root  River ^ M 

20.  H.  B.  C.  post  at  Fort  Frances lOS 

21.  Evening  on  the  upper  waters Ill 

22.  a,  Koochiching  Falls  in  a  state  of  nature;  6,  Flooded  homestead. 

Rat  Root  River 116 

23.  Ojibways  at  Fort  Frances 120 

24.  Fort  Prances  in  1857 , ,....  IM 

25.  The  falls  at  Fort  Frances , IM 

26.  a,  Rat  Portage  in  1857;  6,  KetUe  Falls,  1857 190 

27.  Northwest  Angle  survey 133 

28.  Routeof  expeditionary  force,  1870.... 198 

29.  Clearing  heavily  timbered  land 149 

30.  Drainage  ditch,  south  shore 148 

31.  Warroad 169 

32.  a,  Greater  Winnipeg  water  preject;  6,  Shoal  Lain,  end  of  conduit . .  166 

33.  South  shore  farm 160 

34.  a,  North  shore  farm;  b,  a  pioneer's  hooM 188 

35.  Lumbering  in  northern  Minnesota 188 

36.  0,  Log  driving,  Kawiahiwi  River;  b,  Sheviin-Clarke  milb 170 

87.  a,  Paper  mill  at  Fort  Frances;  b,  Pulp  wood  at  International  FkUs.  179 

88.  Reginamine 176 

39.  Sultanamine 177 

40.  Iron  ore,  Hunters  Island 179 

41.  Warroad  fishermen 199 

42.  Lake  of  the  Woods  stoigeoa 197 

43.  a.  Among  the  Islands;  6,  Kcnoin 191 

44.  e,  Uf t  bridge  above  Int«mational  FalU;  b.  Koochk^ii^  Fdls  Dam .  198 

T 


8  LIST   OP   ILLUSTRATIONS. 

Page. 

Plate  45.  Canal  at  Fort  Frances 199 

46.  A  native  of  Rainy  Lake 204 

47.  A  hunter's  paradise 207 

48.  White  Dog  Rapids 210 

49.  a,  Winnipeg  Electric  Railway  power  plant;  b,  Power  house,  Pinawa 

Channel 214 

50.  a,  Seven  Sisters  Falls,  Winnipeg  River;  b,  Silver  Falls,  Winnipeg 

River 219 

51.  One  of  many  water  powers 223 

52.  a,  Main  weir,  Pinawa  Channel;  6,  Winnipeg  power  plant,  Point  du 

Bois  Falls 229 

53.  Sand  beaches,  north  shore 235 

54.  Indian  camp  on  Northwest  Angle 239 


NOTE  RE  DATUM. 


"  Sea-level  datum  "  wherever  referred  to  in  this  report  is  the  datum 
adopted  by  the  consulting  engineers  in  their  report  and  represents  the 
sea-level  datum  of  the  United  States  Coast  and  Geodetic  Survey  (1912 
adjustment).  This  datum  is  permanently  established  by  the  Inter- 
national Joint  Commission  bench  mark  at  Warroad,  Minnesota,  a  dia- 
gram of  which  appears  on  page  105  of  the  Engineers'  Report  (text) 
and  which  on  page  101  of  that  report  is  described  as  follows: 

International  Joint  Ck>mini8slon  B.  M.  in  school  yard.  Top  of  copper  plac 
in  concrete  block,  carried  below  frost  line,  and  located  near  fence  In  front  of 
and  to  the  west  of  new  schoolhouse.  Estnbn8he<l  OctolM>r  3,  1912.  EleratlOD. 
sea-level  datum,  1068.707. 

By  means  of  carefully  executed,  simultaneous  readings  of  hook 
gauges  at  different  points  on  the  Lake  of  the  Woods  on  March  12  to 
14,  1914,  while  the  lake  was  covered  with  ice,  this  datimi  was  trans- 
ferred from  Warroad  to  Kenora  and  other  points  on  the  lake  and 
there  referred  to  permanent  bench  marks  also  described  in  the  report 
of  the  consulting  engineers. 

"  Public  Works  of  Canada  datum  "  on  Rainy  Lake  and  on  the  lakes 
above  Kettle  Falls  is  ost^ibli.shed  by  what  is  known  as  the  "500" 
bench  mark  described  on  page  91  of  the  Engineers*  Report  (text), 
as  follows: 

Department  of  Public  Works,  Canada.  B.  M.  top  of  Into  bolt  net  vertlcalUr  In 
solid  rock,  4  feet  from  edge  of  north  tiido  of  canal,  directly  benenth  the  Canadian 
end  of  the  Minnesota  A  Ontario  Power  Company's  bridge : 

Blevatlon,  public  works,  Canada,  datum.  600.00. 

Elevation,  sea-level  datum.  1111.61. 

Other  permanent  bench  marks  at  Fort  Frances,  Ontario,  and  Inter- 
national Falls,  and  Ranicr,  Minnesota,  are  described  on  page  91  of 
the  Roport  of  the  Consulting  Engineers. 

9 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION 
ON  THE  LAKE  OF  THE  WOODS  REFERENCE. 


I.— nrmoDucTioir. 

The  treaty  between  the  United  States  and  Great  Britain,  signed 
January  11,  1909,  was  concluded  by  the  high  contracting  parties  not 
only  "to  prevent  disputes  regarding  the  use  of  boundary  waters," 
but  also,  among  other  things,  "  to  settle  all  questions  which  are  now 
pending  between  the  United  States  and  the  Dominion  of  Canada, 
involving  the  rights,  obligations,  or  interests  of  either  in  relation  to 
the  other  or  to  the  inhabitants  of  the  other,  along  their  common 
frontier,  and  to  make  provision  for  the  adjustment  and  settlement  of 
all  such  questions  as  may  hereafter  arise." 

The  foregoing  reference  submitted  jointly  by  the  Governments  of 
the  United  States  and  of  the  Dominion  of  Canada 
under  Article  IX  of  said  treaty  sets  forth  certain 
"  questions  or  matters  of  difference  .  .  .  which  have  arisen  between  " 
the  two  Governments,  and  which  involve  "  the  rights,  obligations,  or 
interests "  of  each  Government  "  in  relation  to  the  other,  or  to  the 
inhabitants  of  the  other,  along  their  common  frontier."  The  refer> 
ence  then  requests  this  commission,  without  expressly  a^^tiwg  **  anj 
restrictions  or  exceptions  "  of  any  kind,  to  examine  and  report  upon 
the  "  facts  and  circumstances  of  the  particular  questions  and  maUtn 
referred,  together  with  such  conclusions  and  recommendations  as 
may  be  appropriate." 

In  the  judgment  of  the  commission,  the  reference  calls  for  a  report 
upon  nil  matters  pertaining  to  the  regulation  of  the  levels  of  the  Lake 
of  the  Woods  and  the  advantageous  use  of  its  waters,  shores,  and 
harbors,  and  the  use  of  the  water  flowing  into  and  from  the  lake)  and 
the  effect  of  sue!)  regulation  on  all  public  and  private  intaissls 
involved.  It  is  also  the  judgment  of  the  commission  that  the  advan- 
tageous use  of  the  waters  about  which  the  questions  of  the  raferanos 
center  includes  not  only  all  practicable  uses  to  which  Uiess  watsrs 
can  be  put  on  thoir  own  watershed,  but  also  all  bcneticial  usss  iHiieh 
the  ener^'v  dis.  loped  thereon  may  serve  in  the  adjacent  tarritory. 
In  the  i  I  I  ion  and  study  of  the  questions  rafbrred,  the  com- 

mission  I  i  ued  much  interesting  data  bearing  upon  tha  Lake  of 

the  Woou    I  ^  >>n.    Most  of  it  relates  to  the  subject  matter  of  the 

11 


12         FINAL  BEPOET  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

reference.  It  is  all  of  value,  and  the  historical  part  will  be  found  of 
great  interest.  The  commission,  therefore,  caused  it  to  be  arranged 
and  compiled,  and  submits  it  as  a  supplement  hereto. 

A  reply  to  the  questions  of  the  reference  and  the  complex  and 
Technical  inresUga-  interdependent  problems  which  it  presents,  involved 
tioBi.  extensive  field  surveys  and  the  collection,  analysis, 

and  coordination  of  a  vast  amount  of  physical  data.  The  extent 
and  magnitude  of  the  area  to  be  covered  in  this  investigation  and  the 
difficulties  surrounding  the  field  work,  may  be  better  understood 
from  the  fact  that  the  superficial  area  of  the  Lake  of  the  Woods, 
including  Shoal  Lake,  is  1,485  square  miles,  or  about  400  square 
miles  greater  than  that  of  the  State  of  Rhode  Island.  The  entire 
drainage  area  of  this  lake  and  its  tributary  waters  is  26,750  square 
miles,  an  area  5,000  square  miles  greater  than  that  of  Nova  Scotia, 
and  greater  than  the  combined  areas  of  the  States  of  New  Hamp- 
shire, Massachusetts,  Rhode  Island,  Connecticut,  and  Delaware.  As 
most  of  the  area  that  had  to  be  surveyed  in  detail  was  the  lowland 
subject  to  past  or  possible  future  flooding,  and  as  most  of  this  land 
was  swamp,  marsh,  or  bog,  the  difficulties  encountered  in  the  field 
work  are  manifest.  Nevertheless  this  work  was  carried  on  without 
reference  to  unfavorable  climatic  or  other  conditions,  and  was  prose- 
cuted with  all  possible  dispatch  and  at  the  least  possible  cost. 

In  view  of  the  Lake  of  the  Woods  and  its  tributary  waters  being 
one  of  the  important  links  in  the  system  of  international  boundary 
waters,  the  commission  recognized  the  desirability  of  dealing  with 
the  questions  involved  in  the  reference  on  broad  and  comprehensive 
lines.  To  that  end  it  felt  that  all  data  affecting  this  vast  watershed 
should  be  collected,  sifted,  and  tabulated,  so  as  to  have  available  in 
serviceable  form  all  dependable  information  bearing  upon  these 
waters,  not  only  for  the  purposes  of  fully  answering  the  questions  of 
the  reference,  but  for  future  use  in  the  regulation  of  these  waters. 

Prior  to  the  reference,  the  only  surveys  in  the  Lake  of  the  Woods 
watershed  were  the  ordinary  public-land  surveys,  and  they  did  not 
extend  over  the  entire  area.  There  were  no  detailed  topographic  or 
hydrographic  maps  available  covering  the  shore  line  of  any  of  these 
waters.  Additional  hydrometric  data  were  likewise  required.  Maps, 
plates,  and  graphs  had  to  be  prepared,  so  that  the  relevant  physical 
data  could  be  properly  presented. 

This  part  of  the  investigation  has  been  carried  on  under  the  imme- 
diate supervision  of  Mr.  Adolph  F.  Meyer,  of  Minneapolis,  Mmnesota, 
and  Mr.  Arthur  V.  White,  of  Toronto,  Ontario,  whom  the  commission 
appointed  as  its  consulting  engineers  October  1,  1912.  The  services 
of  these  gentlemen  and  those  employed  under  them  have  been  emi- 
nently satisfactory  to  the  commission  and  to  all  public  and  private 
interests  concerned.  They  performed  their  duties  with  marked 
ability  and  untiring  energy.   The  commission's  opinion  in  this  respect 


PINAL  EEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         13 

is  borne  out  by  the  testimony  of  all  the  engineers  appearing  before 
the  commission  who  had  studied  their  report  in  connection  with  this 
investigation. 

The  commission  desires,  further,  to  acknowledge  its  appreciation 
of  the  valuable  services  rendered  by  the  Dominion 

Aeknowiedsmente.     ^^^^^  p^^^^  Branch  and  the  Department  of  PubUc 

Works  of  Canada ;  the  United  States  Geological  Survey ;  the  Corps  of 
Engineers,  United  States  War  Department ;  and  other  governmental 
departments  and  individuals  in  both  countries.^ 

Most  of  the  data  assembled  and  prepared  by  the  engineers  are 
presented  in  their  report  to  the  commission  in  three 

ngiBeen  repo  .  yolumcs,  which  is  herewith  submitted  and  made  a 
part  hereof.  There  is  also  submitted  an  atlas,  consisting  of  41  maps, 
together  with  a  map  of  the  entire  watershed  drawn  on  a  scale  of  7.89 
miles  to  the  inch.  An  examination  of  this  atlas,  as  well  as  of  the  two 
volumes  of  plates  and  tables  prepared  by  the  consulting  engineers, 
will  at  once  reveal  the  commission's  appreciation  of  the  importance 
of  thoroughly  assembling,  in  a  manner  worthy  of  the  two  countries, 
all  the  essential  facts  fundamental  to  a  clear  understanding  of  the 
problems  presented  by  the  reference,  and  to  the  satisfactory  regula- 
tion of  these  waters. 

In  connection  with  the  watershed  map,  attention  is  particularly 
drawn  to  what  seems  to  the  commission  a  notable  and  significant 
fact.  Perhaps  for  the  first  time  in  history  two  nations  are  being 
furnished  by  a  commission,  created  to  protect  and  conaer\'e  their 
mutual  interests,  with  a  very  complete  and  accurate  international 
map  representing,  without  regard  to  political  boundaries,  the  limits 
and  details  of  a  great  and  important  watershed. 

In  addition  to  the  technical  investigations  conducted  by  the  con- 
sulting engineers,  the  commission  held  public  hear- 
ings at  a  number  of  conveniently  located  towns  in  the 
vicinity  of  the  Lake  of  the  Woods  for  the  purpose  of  securing  all 
possible  information  from  the  interested  parties  who  denred  to  be 
heard  upon  the  question  of  the  use  and  control  of  the  waters  of  the 
Lake  of  the  Woods  and  its  main  tributary,  Rainy  River  and  RAiiiy 
Lake;  and  upon  the  question  of  the  value  of  riparian  lands  wUflh 
might  bo  affected  by  the  eKtnbiisiimcnt  of  any  proposed  level  for  the 
Lake  of  the  Woods.  The  evidence  thus  obtained,  consisting  of  about 
1,800  pages,  is  likewise  submitted  as  s  part  of  this  report 

Some  time  after  the  public  hearings,  counsel  for  nil  parties  in  in> 
terest  presented  briefs  and  oral  arguments  in  support  of  their  respse* 
tive  contentions.  Printed  copies  of  ell  such  briefs  filed  with  the  com- 
mission and  oral  arguments  consisting  of  about  800  pages  liksfwin 
acoompiiny  this  report 

*■••  l«ttrt  of  CooattiUas  laslii—  (tnt).  |».  14,  11. 


n.— SUMMAHY  OF  PHYSICAL  CONDITIONS. 

The  Lake  of  the  Woods,  including  Shoal  Lake,  is  an  irregularly 
shaped  body  of  water  1,485  square  miles  in  area.  The  southerly  por- 
tion, formerly  known  as  the  Lake  of  the  Woods  and  bordered  by  low 
shores,  is  an  expanse  of  relatively  shallow,  open  water  about  30  miles 
across,  now  known  as  the  Big  Traverse.  The  northerly  portion, 
known  as  the  Little  Traverse,  is  dotted  with  thousands  of  wooded 
islands. 

The  T^ake  of  the  WooHls  derives  its  wnter  supply  from  n  diainnge 
area  of  26,750  square  miles,  of  which  42  per  cent. is  in  the  United 
States  and  58  per  cent  in  Canada.  The  water  surface  of  this  drainage 
area — an  intricate  network  of  lakes,  largely  rockbound,  with  con- 
necting streams — is  3,960  square  miles,  of  which  about  70  per  cent  lies 
within  Canada  and  30  per  cent  within  the  United  States. 

It  will  be  observed  by  reference  to  the  watershed  map  that  the 
principal  drainage  course  of  the  water  tributary  to  the  Lake  of  the 
Woods  is  along  the  boundary  between  the  two  countries  and  the  gen- 
eral direction  of  the  flow  is  northwesterly.  The  southeastern  extrem- 
ity of  the  drainage  basin  extends  to  within  15  miles  of  Lake  Superior, 
where  the  divide  has  an  elevation  of  approximately  1,800  feet  above 
sea  level  datum.  After  leaving  the  Lake  of  the  Woods,  the  waters 
flow  down  the  Winnipeg  River  into  Lake  Winnipeg  and  thence  by 
way  of  Nelson  River  to  Hudson  Bay. 

This  vast  drainage  basin  may  be  conveniently  divided  into  three 
main  sections,  namely:  the  Upper  Rainy  watershed,  embracing  all 
territory  drained  by  the  waters  discharging  out  of  Rainy  Lake 
through  Rainy  River,  and  containing  an  area  of  14,500  square  miles ; 
the  Lower  Rainy  watershed,  containing  an  area  of  6,350  square  miles ; 
and  finally,  the  watershed  of  the  Lake  of  the  Woods  proper,  embrac- 
ing territory  drained  into  that  lake  other  than  through  Rainy  River, 
and  containing  an  area  of  5,900  square  miles.  Through  these  waters 
from  their  source  westward  to  the  Northwest  Angle,  a  distance  of 
about  340  miles,  the  boundary  between  the  United  States  and  Canada 
passes. 

Fully  60  per  cent  of  the  waters  discharged  out  of  the  Lake  of  the 
Woods  are  received  from  the  Upper  Rainy  watershed.  Rainy  Lake, 
at  the  foot  of  this  watershed,  has  a  mean  area  of  345  square  miles. 
The  principal  lakes  in  the  watershed  immediately  above  Rainy  Lake 
are  Namakan,  Kabetogama,  Sand  Point,  Crane,  and  Little  Vermilion. 
14 


Plate  2. 


a,  I.AKK  OF  THE  WOUDS  SURVEY. 


h,  LONK  TREE  POINT. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         15 

In  general,  the  Upper  Rainy  watershed  and  the  watershed  of  the 
Lake  of  the  Woods  proper,  possess  very  similar  characteristics — the 
underlying  Laurentian  rock  formation  outcropping  frequently,  the 
soil  cover  being  scant,  lakes  and  ponds  numerous,  and  the  timber 
growth,  on  the  whole,  rather  sparse.  The  Lower  Rainy  watershed 
is  more  heavily  wooded  and  generally  rather  flat  and  swampy.  Of 
the  entire  land  area,  about  8,500  square  miles,  or  about  37  per  cent, 
consists  of  arable  or  semiarable  land,  most  of  it,  however,  requiring 
drainage.  A  very  small  proportion  of  the  total  area,  mainly  narrow 
strips  along  the  lakes  and  rivers,  is  under  cultivation.^ 

^Por  further  particulars  as  to  physical  characteristics  of  the  region,  see  Supplement; 
also  Repoit  «f  CoDsultlng  Engloeers. 

103086—17 2 


m.— FACTS  AND  CIRCUMSTANCES  LEADING  TIP  TO  THE  REFER- 
ENCE. 

The  outlets  of  the  Lake  of  the  Woods  are  in  Canada  near  Kenora 
Early  eksngei  u  and  Keewatin,  Ontario,  at  the  extreme  northern 
"""*•*•  end  of  the  lake.     Under  natural  conditions  there 

were  two  main  outlets.  The  larger  of  these,  known  as  the  Western 
Outlet,  is  that  in  which  the  present  Norman  Dam  is  located.  The 
other,  in  which  the  Kenora  municipal  power  plant  is  constructed,  is 
termed  the  Eastern  Outlet. 

From  the  best  information  obtainable,  the  outlets  of  the  Lake  of 
the  Woods  remained  in  their  natural  condition  until  1879.  In  that 
year  a  headrace  for  power  purposes  was  built  at  the  extreme  western 
end  of  Portage  Bay,  Keewatin,  in  a  depression  which  previously  had 
served  as  an  overflow  channel  for  the  lake  when  at  high  stages. 
About  1885  the  power  intake  was  further  deepened.  The  power 
developed  was  used  for  the  operation  of  a  saw  and  planing  mill  down 
to  1906  when  the  plant  was  closed;  since  that  date  the  channel  has 
not  been  used  for  power  purposes. 

The  extreme  northerly  portion  of  the  Lake  of  the  Woods  at  Port- 
age Bay  is  separated  from  that  part  of  the  Winnipeg  Eiver  known 
as  Darlington  Bay  by  a  natural  rock  ridge  along  which  now  runs 
the  Canadian  Pacific  Railway.  In  1881  a  small  cut  for  power  de- 
velopment was  made  through  this  ridge  at  the  location  of  the  present 
mill  of  the  Lake  of  the  Woods  Milling  Company,  known  as  Mill  C. 
About  1906  the  site  was  purchased  by  the  Lake  of  the  Woods  Milling 
Company.  Nine  years  previously  the  same  company  had  excavated 
a  canal  several  hundred  feet  west  of  the  one  above  mentioned  for  the 
development  of  power.    This  power  is  now  used  by  Mill  A. 

The  first  attempt  to  exercise  a  measure  of  control  over  the  level 
of  the  Lake  of  the  Woods  was  made  30  years  ago.  It  appears  from 
the  evidence  submitted  at  public  hearings  and  from  our  investigation, 
that  because  of  the  low  stages  of  water  in  the  lake  for  some  time 
prior  to  1887,  the  interest  of  navigation,  then  considerable  on  the 
Canadian  side,  was  seriously  affected.  For  the  purpose  of  improving 
this  condition,  and  mainly  for  the  benefit  of  navigation,  the  Domin- 
ion Government  authorized  the  construction  of  a  dam,  known  as  the 
16 


PINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         lY 

Kollerway  Dam,  in  the  western  outlet  of  the  lake.*  To  aid  in  the 
accomplishment  of  this  purpose  the  Government  appropriated  the 
sum  of  $7,000.» 

From  the  evidence  it  also  appears,  and  this  is  not  disputed,  that 
the  construction  of  the  Rollerway  Dam  had  the  effect  of  raising  the 
natural  level  of  the  lake  an  average  of  1.5  feet  during  the  years 
1893  to  1898  for  which  continuous  records  are  available.' 

Some  of  the  evidence  obtained,  including  two  records  of  water 
levels  given  in  table  6,  page  24,  Report  of  the  Consulting  Engineers, 
indicates  that  when  first  built  this  dam  raised  the  level  of  the  lake 
substantially  3  feet. 

In  1893-1895,  under  authority  of  the  Government  of  Ontario, 
another  dam  known  as  the  Norman  Dam  was  built  by  the  Keewatin 
Power  Company  (Ltd.),  in  the  Winnipeg  River  about  a  mile  below 
the  Rollerway  Dam.  The  Norman  Dam  *  consists  of  a  rock  fill  and  20 
masonry  piers  with  sluices,  controlled  by  means  of  stop  logs.  It  was 
originally  intended  for  power  development,  but  the  project  was  never 
completed.  The  stop  logs  were  not  placed  until  1898,  when,  under  a 
contract  with  the  Keewatin  Power  Company,  the  Provincial  Govern- 
ment paid  the  company  $4,000  to  be  used  in  providing  the  necessary 
stop  logs,  and  at  the  same  time  secured  the  right,  subject  to  cancella- 
tion by  either  party  upon  one  month's  notice,  to  thereafter  control 
the  dam  for  the  benefit  of  navigation." 

Since  November  19,  1898,  the  dam  has  l)een  so  controlled  by  the 
Provincial  Government  under  this  contract* 

The  contract  also  provided  that  in  case  of  cancoUiUion  at  the 
request  of  the  company,  "  It  shall  nevertheless  be  the  duty  of  tlie 
company  to  maintain  the  water  at  ordinary  summer  level  for  such 
purposes  as  aforesaid  at  all  proper  time  and  times  thereafter.'*  In 
the  contract  liability  for  damage  resulting  from  raising  the  lake 
abore  ordinary  summer  level  is  covered  by  the  following  sUte- 
ment: 

It  Is  also  nRrec<l  that  the  commiiwlnnor  In  not  to  be  imiMinslble  for  danMgti 
occnHlnncd  by  ronson  of  t)H>  wntor  boliii;  rnl.icHl  lilKbor  tbnii  ordinary  sumntr 
levul  iinleHH  the  miuiiu  \n  raiwHl  for  the  puriMMH>  of.  ami  at  the  lOBtaiic*  of, 
the  Government  or  by  their  HorvanUt  or  anentii. 

Although  the  Rollerway  Dam,  construi<tc<I  in  1887-88,  was  nmiOVMl 
in  1S!)9,  the  etK'ct  of  the  construction  and  maintenance  of  the  NomuUD 
Dam  upon  the  level  of  the  Lake  of  the  Woods  wm  simtlar  to  that 
of  the  Kollerway  Dam,  but  more  marked,  in  that  it  maintained 

>B«port  or  ronaultliiR  KnslOMra  (platM).  pUlM  IB.  34.  39.  (teit)  I'Ut*  C 

■Idta   (teit).   pp.   H.  0. 

•IdMB  <plat«>«).  pUtos  114-17.   (UbiM)  TbH«  74. 

«l(lf>in   (toxl).   nnlm  A  nn<l  H.   (pl«tM>   TUt*  97. 

•rinal  IMbllc  HMri&o.  Wlnnlpvg.  rMmiary.  IBIS.  pp.  4aS.  4M. 

•  Report  ot  OOMOlUag  Magiamn  (taM«).  TiM«  t.  p.  St. 


18  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

the  mean  lake  level  about  3.5  feet  above  what  it  would  have  been 
under  natural  conditions.^  The  increase  over  the  levels  which  would 
have  prevailed  with  the  outlets  in  a  state  of  nature  has  varied  from 
0.9  foot  in  1899  to  6.3  feet  in  1913. 

warroad  Harbor  im-      In  1902,  on  the  basis  of  survcys  of  Warroad  River, 
proTement.  authorized  by  the  Congress  of  the  United  States 

and  made  by  engineers  of  the  United  States  War  Department  in 
1899  to  1900,"  a  project  was  adopted  by  Congress  for  the  improve- 
ment of  Warroad  Harbor  so  as  to  provide  a  7-foot  channel.  In  the 
plans  for  this  improvement,  all  depths  were  reduced  to  what  the 
War  Department  later  referred  to  as  the  "  normal "  level  of  the 
lake ;  that  is,  a  stage  of  7.2  feet  on  the  Warroad  gauge,  corresponding 
to  1,060.8,  sea-level  datum. 

This  is  the  stage  which  prevailed  on  the  lake  at  the  beginning  of 
the  survey  in  December,  1899.  In  eacli  navigation  season  between 
1901  and  1904  the  lake  level  fell  somewhat  below  the  stage  of  1,060.8 
and  in  1904  it  reached  that  stage  for  only  a  few  days.' 

When  the  project  was  extended  by  Congress  early  in  1905,  the 
United  States  engineers  in  charge,  knowing  of  the  existence  of  a 
dam  in  one  of  the  outlets  of  the  lake  by  means  of  which  the  level 
could  be  to  some  extent  controlled,  believed  that  through  cooperation 
with  the  proper  Canadian  authorities  the  dam  could  be  so  operated 
as  to  secure  a  level  more  satisfactory  to  the  maintenance  of  the  pro- 
jected depths  in  Warroad  Harbor  than  the  stage  which  had  prevailed 
since  the  adoption  of  the  project.* 

As  a  consequence  in  May,  1905,  the  Government  of  the  United 
States  suggested  to  the  Government  of  the  Dominion  of  Canada 
that  the  Norman  Dam  be  so  operated  as  to  prevent  the  level  of  the 
Lake  of  the  Woods  from  falling  below  the  datum  of  7.2  on  the  War- 
road gauge,  i.  e.,  1,060.8,  sea-level  datum.'' 

After  investigation  and  consideration  of  the  matter,  the  Canadian 
Government  concluded  that  the  request  of  the  United  States  Govern- 
ment could  not  be  granted  because  the  maintenance  of  the  minimum 
stage  of  7.2  would  result  in  injury  to  important  industries  at  Keewa- 
tin  and  Kenora  in  time  of  high  water,  and  also  because  it  would  be 
impossible  to  maintain  a  minimum  stage  of  7.2  during  low  water 
without  constructing  a  dam  in  the  eastern  outlet  of  the  lake.^ 

1  Evidence  of  either  the  accidental  or  the  intentional  lowering  of  the  Rollerway  Dam 
between  1890  and  1892  appears  on  plate  111,  Report  of  the  Consulting  Engineers.  Two 
water  levels,  one  on  July  15,  1889,  and  one  on  July  15,  1890,  given  on  this  drawing,  indi- 
cate a  lowering  of  the  eflfective  heights  of  this  dam  by  about  1.25  feet.  The  remaining 
portion  of  the  dam  was  removed  in  1899  after  the  completion  of  the  Norman  Dam. 

2  Final  Public  Hearings,  Winnipeg,  February,  1916,  pp.  467-471. 

*  Report  of  Consulting  Engineers  (plates)  ;  plate  120. 

*  Final  Public  Hearings,  Winnipeg,  February,  1916,  p.  517. 
6  Idem,   p.   518. 

" Idem,   pp.   518-524. 


FINAL  EEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         19 

This  conclusion  was  never  officially  communicated  to  the  Govern- 
ment of  the  United  States.  In  1906  the  eastern  outlet  of  the  lake 
was  completely  closed  by  the  construction  of  a  power  plant  by  the 
town  of  Kenora.^ 

In  1895,  seven  years  after  the  completion  of  the  Rollerway  Dam, 
First  complaint*    Coloncl  Naff,  of  the  General  Land  Office,  United 
•sainat  flooding.  Statcs  Department  of  the  Interior,  was  sent  to  the 

Lake  of  the  Woods  to  investigate  complaints  made  by  settlers  on  the 
south  shore  of  the  lake  in  Minnesota  that  their  lands  had  been  sub- 
merged by  high  levels  caused  by  the  construction  of  the  Rollerway 
Dam.  Colonel  Naff  reported  that  it  was  claimed  by  the  settlers  that 
the  Rollerway  Dam  had  raised  the  level  of  the  lake  about  3  feet  higher 
'•  than  its  natural  stage,"  and  "  that  the  month  of  May  will  be  the  best, 
season  of  the  year  to  make  a  critical  examination  of  the  condition  and 
extent  of  the  overflcwage  and  the  amount  of  damage  done  upon 
which  to  base  a  plea  of  complaint  and  for  relief.* 

Apparently  no  action  was  taken  in  the  matter  by  the  United  States 
Government,  nor  was  the  matter  ever  brought  officially  to  the  atten- 
tion of  the  Canadian  Government. 

When  the  south  shore  lands  in  Minnesota  were  surveyed  in  1893- 
Tiie  pabiie-Uadrai^  1896,  the  surveyors  of  the  United  States  Land  Office 
'•J*'  ran  the  subdivisional  lines  out  over  the  flooded  lands 

on  the  soutli  shore  of  this  lake,  in  some  cases  more  than  a  inilo,  and 
set  the  meander  posts  marking  the  border  of  the  lake  at  the  shore  line 
forming  the  dividing  line  between  open  water  and  willow  brush  or 
marsh  grass.' 

These  lands  in  the  United  States  have  been  patent<>d  to  home- 
steaders on  the  basis  of  the  acreage  shown  on  the  I^ind  Office  mape, 
even  though  a  portion  of  the  platted  area  was  and  ever  since  has 
been  under  water.  It  is  to  l)e  noted,  however,  that  acconling  to  the 
testimony  at  the  Warroad  hearing  in  1915,  the  majority  of  the  set- 
tlers on  the  south  shore  of  the  Lake  of  the  Wo<mIs  came  in  in  1899  and 
1900;*  that  is  to  say,  after  the  completion  of  the  Noniian  Dam. 

As  the  result  of  flooding  of  lands  along  the  south  sliorc  of  the  lake 

in  190."),*  and  1907,*  protests  were  made  bv  the  Mi- 

•nrarnt  r«dr«»oni  to  tlors  to  tlu»  United  States  dovernnient.    The  1901 

MMruia  vaiiditir  of  pjotest   consistotl   of  a  series  of  affidavits   which 

rea<'hed  the  United  States  State  Department  about 

the  end  of  that  year.    On  the  Ist  of  Febnuiry.  1908.  AcUng  Score- 

*  Rtport  of  Coosaltlat  Mintaww  (tot).  ^  184,  PlatM  ▼  l»  I. 

•  idMi,  AppoiMiix  I.  p.  sua. 

•This  to  ctearlr  Nhown  hy  roapa  on  Dlr  In  ttM  otkm  of  thto  cowmImI—.  »na«r<<  Iqr 
Mr.  n*ort*  A.  Ralph,  formrr  Statr  dralnai*  roglaMr  of  MlaMaeta,  who  md*  awM  •€ 
th«  land  anrvrjra  aloni  thr  Kouth  ■hor«>  of  th»  lake,  and  alao  by  tbt  0«v«nMNat  M 
at  tbM«  aurvrya  niH  In  th«  Hiatr  rapttol  at  St.  Paul.  Mian. 

•  Kurthar  tMMIe  BMrtaca.  Wwroatf.  eaptMDbw.  191ft.  p.  lia 
'  Final  Pabile  BmHmb.  Wlaatptt.  FMnMury.  laiS.  p^  Ba«-«as. 

*  I'ubltc  HMrlBf*.  Warroad.  a*pt*Bh*r.   tttl:t.  p.    101. 


20  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

tary  of  State  Robert  Bacon  addressed  the  honorable,  the  Secretary 
of  War,  as  follows : 

Protests  have  been  filed  in  this  department  In  behalf  of  the  settlers  on  the 
southern  shore  of  the  Lake  of  the  Woods  on  the  northern  border  of  Minnesota 
against  the  elevation  of  the  surface  of  that  lake  above  Its  normal  level  as 
existing  at  the  time  they  located  there,  which  they  allege  has  resultetl  from  the 
damming  of  one  or  more  of  the  outlets  on  the  Canadian  side  of  the  lake,  and 
in  consequence  of  which  they  claim  that  their  lands  have  been  submerged. 

It  appears  that  under  the  plans  for  the  Improvement  of  Warroad  Harbor  on 
this  lake,  in  accordance  with  the  plans  approved  by  Congress  and  carried  out 
under  the  direction  of  the  War  Department,  it  is  essential  that  the  level  of 
the  lake  be  malntalnal  at  7.2  feet  on  the  gauge  at  Warroad  Harbor,  and  In 
May,  1905,  the  Secretary  of  War  wrote  to  the  SecretaiT  of  State  requesting  that 
an  arrangement  be  entere<i  into  with  the  British  Government  by  which  a  dam 
across  one  of  the  outlets  of  the  Lake  of  the  Woods,  which  was  under  the  control 
of  the  provincial  government  of  Ontario,  and  by  means  of  which  the  level  of  the 
lake  could  be  to  some  extent  regulate<l,  should  be  so  operated  as  to  prevent  the 
level  of  the  lake  from  falling  below  the  datum  of  7.2  feet  on  the  Warroad 
Harbor  gauge.  It  does  not  appear,  however,  what  relation  this  level  bears 
to  the  normal  level  of  the  lake  under  natural  conditions  and  In  connection  with 
the  present  protests  I  desire  to  obtain  this  Information,  and  also  any  further 
information  which  the  department  may  have,  showing  the  changes  which  have 
taken  place  In  the  level  of  the  lake  In  recent  years  with  reference  to  that  gauge, 
and  the  relation  between  the  present  level  of  the  lake  and  the  datum  of  7.2 
feet  on  that  gauge. 

It  may  be  noted  that  none  of  the  protests  referred  to  above  were 
brought  to  the  attention  of  the  Canadian  Government  by  the  Gov- 
ernment of  the  United  States. 

The  engineers  of  the  United  States  War  Department,  who  had 
charge  of  the  navigation  improvements  on  the  Lake  of  the  Woods, 
recognized  the  right  of  the  Government  to  maintain  the  L^ke  at 
ordinary  high- water  mark  in  the  interest  of  navigation,  but  notwith- 
standing the  report  of  Colonel  Naff  to  the  effect  that  it  was  claimed  by 
the  settlers  that  the  Rollerway  Dam  constructed  in  the  western  outlet 
of  the  lake  for  the  benefit  of  navigation  had  raised  the  level  of  the 
lake  about  3  feet,  they  believed  that  the  stage  of  water  prevailing 
between  1899  and  1908  was  not  above  ordinary  high  water  under 
natural  conditions.  It  does  not  appear,  however,  that  the  report  of 
Colonel  Naff  had  previously  been  brought  to  their  attention.  They 
believed,  moreover,  that  in  so  far  as  the  higher  stages  were  concerned, 
the  level  was  not  subject  to  the  operation  of  the  dams  at  the  outlet. 
For  example,  in  April,  1906,  Major  Derby  wrote  to  the  Chief  of 
Engineers :  ^ 

It  is  not  impossible,  though  I  do  not  think  it  probable,  that  the  Keewatin 
Dam  (which  is  the  Norman  Dam)  was  so  manipulated  during  these  four  years 
(referring  to  1899.  1903,  1904,  and  1905)  as  to  affect  the  high-water  stage.    On 

1  Final  PubUc  Hearings,  Winnipeg,  February,  1916,  p.  473. 


Plate  4. 


1 

V        ■■■■;:. 

1 

»i  "  "'i; 

a,  KENORA   POWEIl  UOU8E. 


h.  WINNIPRO  CITY  POWKK  PLANT. 


FINAL  BEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         21 

the  two  ocpflslons  when  the  dnm  was  inspectetl  by  agents  of  the  United  States 
Engineer  Dopartment,  the  slope  in  the  mile  of  river  botwoen  the  clam  and  the 
lal<c  w!is  rriKtrtod  as  3  fe<'t  niul  G  feet,  resrxHrtlvely. 

The  view  that  only  the  low  stages  on  the  Lake  of  the  Woods  had 
been  increased  appears  to  have  prevailed  even  in  Canada.  The 
Rollerway  Dam  was  built  in  1887  for  the  specific  purpose  of  raising 
the  low-vmter  level.  It  was  a  long  submerged  dam  which  raised  the 
low-water  level  about  3  feet  and  the  extreme  high-water  level  leas 
than  1  foot. 

Similarly  the  Norman  Dam,  built  1893-1895,  was  to  be  operated 
by  the  Keewatin  Power  Company  at  all  times  so  as  "  to  maintain  the 
water  of  the  Lake  of  the  Woods  at  ordinary  summer  level "  *  •  • 
"  for  the  purpose  of  improving  the  navigation  of  the  said  lake," 
and,  furthermore,  it  was  aigreed  that  "  the  commissioner  (rep- 
resenting the  government  of  Ontario)  is  not  to  be  responsible 
for  damages  occasioned  by  reason  of  the  water  being  raised  higher 
than  ordinary  summer  level  unless  the  same  is  raised  for  the  pur- 
poses of,  and  at  the  instance  of,  the  Government,  or  by  their  servants 
or  agents."  That  the  level  of  the  Lake  of  the  Woods  was  being 
maintained  at  "the  old  normal  level  before  there  were  any  dams  in 
here  at  all"^  was  the  belief  e.xpresaed  by  several  witnesses  who 
appeared  before  the  commission  at  Kenoni  in  1912. 

On  February  IT),  1908,  Major  Shunk,  replying  to  an  in(|uiry  from 
the  Chief  of  Engineers  rc<iuosting  information  desired  by  Assistant 
Secretary  IJacon  in  his  letter  of  February  1,  1908,  as  to  the  relation 
between  7.2  on  the  Warroad  gauge  and  "  the  normal  level  of  the  lake 
under  natural  conditions  ♦  ♦  ♦  nJso  any  further  information 
which  the  department  may  have  showing  the  changes  which  have 
taken  place  in  recent  years  with  reference  to  that  gauge,"  stateil  thut 
the  fluctuations  from  5.10  to  8.90  on  the  Warroad  gauge  during  the 
year  1907  "  were  due  to  natural  causes  and  not  to  the  o|>eration  of 
dams."' 

This  statement  of  Major  Shunk  was  apparently  based  upon  the 
report  of  his  assistant  engineer,  Mr.  R.  Davenport,  who  on  Febniary 
18,  1008,  after  comparing  the  rainfall  for  the  eight  years  prior  to 
1896  with  that  for  the  12  years  thereafter,  .statc<!  that : 

Under  the  ot)n(ntlonii  niHtvo  nicntionod.  It  m  ooiuddertxl  that  the  rnrlntUtiM 
In  the  iiald  lake  Murfan>  level  have  reMnlt(*«l  fntiu  nnluml  iMmlltiwiiM  nnd  ituC 
from  the  operation  of  the  dnnis  iit  the  outlet.* 

Mr.  Davenport  added : 

From  prevlouM  Inforniation,  It  nui>'  be  stated  thnt  the  perUxl  durlnc  whIHi 
the  natural  surface  level  of  the  I^ike  of  the  WimmH  wn.<i  ratinblhtlKMl  in  the  mind* 
Of  the  early  aettlera  was  prior  to  the  year  1800.  during  the  low  ralofkU  psriods 
above  mentioned. 

>  rabiir  nfarlnis,  Ksaenu  Mpteabtr.  leil,  p.  184. 

•  Final  ruhilc  Btsrlats.  Wlaalpta.  I^bnMrr.  l*ia,  p.  4T4. 

•Report  of  ConaulUnc  BBglae<ni  (test),  Appeodte  Vt. 


22  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

The  Chief  of  Engineers  inquired  further,  on  February  29,  1908, 
relative  to  the  "  natural  level  of  the  lake  before  the  construction  of 
the  Kat  Portage  Dam." 

Replying  to  this  inquiry  Major  Shunk  reported  on  March  3, 1908 :  ^ 

There  are  no  records  in  this  office  which  Avill  give  any  information  as  to  the 
level  of  the  lake  before  construction  of  the  Rat  Portage  Dam,  This  dam  was 
built  In  1898.*  The  gauge  at  Warroad  was  set  in  1899,  and  there  are  no  records 
before  that  time.  When  the  gauge  was  set,  the  mean  level  of  the  lake  during 
the  open  season  was  assumed  to  be  7.2  feet  as  stated  in  my  letter  of  Febru- 
ary 15, 1908.  This  information  was  based  upon  the  best  available  local  informa- 
tion, and  subsequent  ob.servations  have  shown  that  It  was  very  nearly  correct 
and  would  indicate  that  the  level  of  the  lake  has  not  been  greatly  changed. 

In  his  letter  of  March  18, 1911,  Major  Shunk  stated  :* 

It  is  not  a  fact  that  7.2  level  was  derived  from  seji.sons  when  tliere  was  an 
exceptionally  high  stage  of  water.  It  was  first  assumed  in  the  absence  of 
records  from  the  best  Information  available,  derived  from  marks  and  residents 
about  the  lake. 

According  to  the  evidence,  the  submission  of  the  question  of  the 
regulation  of  the  levels  of  the  Lake  of  the  Woods 
ieTeig"*«"d°pro'poMd   ^"^  ^^®  advautageous  use  of  its  waters,  and  of  the 
diversion  led  to  re-    watcrs  flowing  into  and  from  that  lake,  is  an  out- 
orreferene"  '"'"'°"   growth  of  chaugcs  and  fluctuations  in  its  level  which 
culminated  in  the  low  water  conditions  of  1910  and 
1911,  and  of  attempts,  on  the  part  of  certain  interests  in  the  United 
States  to  divert  some  of  the  water  from  the  Lake  of  the  Woods  water- 
shed into  Lake  Superior.    In  his  report  of  June  9,  1911,  to  the  Chief 
of  Engineers,  United  States  War  Department,  Major  Shunk  stated :  * 
It  would  be  perfectly  possible  by  proper  works  at  the  outlet  to  maintain  a 
good  depth  of  water  in  the  Lake  of  the  Woods  at  all  times.     In  this  particular, 
however,  the  interests  of  navigation  and  those  of  power  development  are  directly 
opposed.     ♦     *     *     It   is   certainly   to  be   recommended   that   this   matter   be 
brought  to  the  attention  of  the  International  Joint  Commission. 

After  an  examination  of  the  Norman  Dam,  Major  Shunk  reported 
on  June  30,  1911,  that  this  dam  on  account  of  the  great  leakage 
through  the  rock  fill.' 

Is  undoubtedly  one  cause,  and  a  very  considerable  one,  of  the  slow  recovery  of 
normal  level  in  that  lake.  *  *  *  It  is  my  opinion  that  the  rubble  mound 
referred  to  ought  to  be  made  water-tight ;  and  as  the  United  States  has  a  con- 
siderable interest  in  the  regulation  of  lake  levels,  I  recommend  that  the  general 
question  of  regulation  be  referred  to  the  International  Commission. 

As  the  outflow  of  the  lake  was  not  all  being  utilized  there  appeared 
to  be  no  reason  why  the  "  rubble  mound  "  of  the  Norman  Dam  should 

1  Final    Public    Hearings,    Winnipeg,    February,    1916.    p.    475. 

*  Built  in  1893-1895  ;  put  into  operation  in  1898. 

» Final  Public  Hearings,  Winnipeg,  February,  1916,  p.  476. 

*  Idem,   p.   478. 
eidem,   pp.   478-479. 


PINAL  EEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         23 

not  "  be  made  water-tight "  so  as  to  prevent  the  lake  from  falling  to 
such  a  low  stage  as  it  did  in  1911.  The  engineers  of  the  War  Depart- 
ment in  charge  of  the  St.  Paul  district,  between  1904  and  1911,  be- 
lieved that  the  level  which  they  desired,  viz:  7.2  on  the  Warroad 
gauge  was  about  1  foot  below  ordinary  high  water  under  natural 
conditions  and  that  consequently  no  lands  would  be  flooded  if  the 
lake  were  so  maintained.^ 

It  also  appears  from  certain  correspondence  which  took  place  be- 

Bireh  Lake  direr-  tweeu  the  Govemmcnts  of  the  United  States  and 
•'"■•  Canada  that  a  proposed  diversion  of  the  waters  of 

Birch  Lake  in  northern  Minnesota  from  the  Lake  of  the  Woods 
watershed  to  Lake  Superior  was  likewise  one  of  the  matters  which 
led  up  to  the  reference. 

On  December  22,  1910,  a  report  of  the  committee  of  the  Privy 
Council  of  Canada  was  approved  by  the  Governor  (Jeneral.  The 
report  sets  forth  the  fact  that  the  city  of  Winnipeg  and  other  Cana- 
dian interests  had  protested  against  the  proposed  diversion  (the 
Birch  Lake  diversion) ;  that  the  International  Waterways  Commis- 
sion ^  had  reported  against  the  granting  of  a  permit  for  the  diversion 
without  the  concurrence  of  the  Canadian  (lovernment:  that  Article 
II  of  the  treaty  is  designeil  to  safeguard  interests  on  one  siile  of  the 
boundary  injuriously  affected  by  such  a  diversion  on  the  other  side 
of  the  boundary;  that  paragraph  3  of  the  permit  granted  by  the 
United  States  Secretary  of  A\'ar  (for  the  liirch  Lake  diversion)  is 
doubtless  intended  to  provide  such  special  conditions  as  will  pn>tect 
private  interests  on  both  sides  of  the  lM)undary  line:  that  eitixens  of 
Minnesota  are  possibly  protected  by  State  legislation,  but  that 
"special  conditions  may  have  to  l)o  imposed  on  the  company  for  the 
protection  of  property  and  other  private  interests  ou  the  (.^inadian 
side  of  the  international  border,  so  as  to  provide  tlie  citizens  of 
Canada  the  same  legal  remedies  as  if  the  injury  done  them  took 
place  in  the  State  of  Miiuusota";  that  the  (Jovernment  desirt»s  infor- 
mation as  to  "  what  rights  and  i-emcilies  the  citizens  of  Minnesota 
will  have  with  regard  to  the  pr«)posed  diversion,  and  what  cture- 
sponding  measures  are  intended  to  U>  taken  witit  a  view  to  (he  etitab- 
lishment  of  similar  rights,  and  to  provide  similar  remediM  for 
citizens  of  Canada." 

In  regard  to  the  apprehended  injury  to  navigation  the  report 
requests: 

That  tlu»  rnll»>«l  StiitoN  (}«)v«'rium<ut  ahould  Ih»  n>*k«'.l  \\li.<ih.-r  In  ti«M«*  «i)i'n« 
thv  (llvvrHtnii  or  ohstnictlon  of  wiiicr  In  one  ixMintry  iim\  Iw  i>ri><!inii\«'  .«f  uijury 
to  niivlKHiion  InloreMtf*  in  the  other.  |M>rnitNNlon  for  mioh  tUv«r>loo  or  olMMraciloa 
Bhnuhi  bo  crnnttMl  until  th«  Inlernntluniil  Joint  ComiulMloil  provkM  tor  la  tlw 

>  KIniil   IMhIlr  llMrlnn,  WtBBlptc  1»1«.  p,  4TS. 

•B«l><>r(  of  intcrniitloBal  Wnttrwtya  Comilwloa.  !•«?.  II.  IMi.  pf^  llt-Sai. 


24  FINAL  REPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

Boundary  Waters  Treaty  has  considered  and  reported  upon  the  effect  of  such 
diversions  or  obstructions  upon  such  interests,  with  regard  to  the  compensatory 
worlis  necessary  to  be  constructed  in  each  case. 

On  December  29,  1910,  His  Excellency  the  Governor  General  for- 
warded a  copy  of  the  report  mentioned  above  to  the  British  embassy 
at  Washington  with  the  request  that  the  matter  be  brought  to  the 
attention  of  the  United  States  Government  with  the  object  of  ob- 
taining an  expression  of  their  views  on  the  subject.  On  August  22, 
1911,  the  Acting  Secretary  of  State  at  Washington  replied  to  the 
British  ambassador  stating  that : 

The  provisions  of  Article  II  are  regarded  by  this  Government  as  self-operative 
as  laws  and  do  not  require  any  supplemental  legislation  to  give  them  effect  on 
this  side  of  the  boundary,  so  that  by  virtue  of  this  article  of  the  treaty  the 
Canadian  interests  concerned  are  already  entitled  to  all  the  legal  rights  and 
remedies  which  would  be  extended  to  them  In  the  l(x;al  courts  If  their  cause  of 
action  arose  within  the  jurisdiction  of  those  courts. 

I  regret  that  this  (Jovernment  can  not  undertake  to  answer  your  inquiry  as 
to  what  are  the  rights  and  remedies  of  the  citizens  of  Minnesota  in  respect  to 
such  a  case  as  the  one  under  consideration  for  that  Is  a  question  that  depends 
to  a  great  extent  upon  State  law  rather  than  Federal  law,  and  falls  outside 
of  the  jurisdiction  of  this  department,  except  In  so  far  as  the  treaty  requires 
that  Canadian  Interests  shall  receive  the  same  treatment  as  similar  interests 
in  the  State  of  Minnesota,  and  on  this  point  the  provisions  of  the  treaty  are 
regarded  as  sufficient  In  themselves  to  insure  such  treatment. 

This  Government  has  also  given  careful  consideration,  as  requested  by  you 
on  behalf  of  the  Canadian  Government,  to  the  question  of  whether  In  cases 
where  the  diversion  or  obstruction  of  water  In  one  country  may  be  productive 
of  Injury  to  navigation  Interests  In  the  other,  permission  for  such  diversions 
or  obstructions  should  be  granted  until  the  Intornationnl  .lolnt  Commission 
provided  for  under  the  treaty  has  considered  and  reported  upon  the  effect 
of  such  diversions  or  obstructions  upon  such  interests  and  with  regard  to 
the  compensatory  works  necessary  to  be  constructed  In  each  case. 

It  appears  from  an  examination  of  the  terms  of  the  treaty  that  no  juris- 
diction is  conferred  upon  the  International  Joint  Commission  with  reference 
to  waters  flowing  across  the  boundary,  or  which  are  tributary  to  boundary 
waters,  in  distinction  from  boundary  waters  themselves  as  defined  in  the 
treaty,  and  that,  therefore,  the  commission  has  no  authority  to  refuse  permis- 
sion to  divert  or  obstruct  waters  of  the  description  referred  to  in  this  Inquiry. 
That  the  Canadian  Government  concurs  in  this  view  is  evident  from  the  fact 
that  instead  of  proposing  that  the  desired  action  be  taken  under  the  treaty 
the  proposal  comes  in  the  form  of  a  request  for  the  cooperation  of  this  Govern- 
ment. In  the  absence  of  an  express  treaty  provision  conferring  upon  the 
commission  jurisdiction  to  deal  authoritatively  with  a  case  involving  a  diversion 
of  tributary  waters  it  does  not  seem  desirable  to  this  Government  that  such 
a  question  should  be  referred  to  the  commission  because  the  rights  of  the 
interested  parties  in  such  cases  are  conclusively  established  under  the  provi- 
sions of  Article  II  of  the  treaty  and  an  attempt  by  the  commission  to  inter- 
fere in  such  rights  would  necessarily  be  ineffective.  Under  Article  IX  of 
the  treaty,  however,  jurisdiction  is  conferred  upon  the  commission  to  examine 
and  report  at  the  request  of  either  party  upon  all  questions  not  otherwise 
dealt  with  in  the  treaty  which  involve  the  rights,   obligations,   or  interests 


PINAL  EEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         25 

of  either  party  In  relation  to  the  other  or  to  the  Inhabitants  of  the  other 
along  their  common  frontier,  and  It  would  be  agreeable  to  this  Government 
to  take  up  with  the  Canadian  Government  the  question  of  requesting  the 
commission  to  examine  into  and  report  upon  a  general  plan  for  the  improve- 
ment for  navigation  and  power  purposes  of  all  the  boundary  waters  to  wJiich 
the  waters  referred  to  in  your  note  are  tributary. 

It  may  also  be  noted  that  in  1900  the  Government  of  Canada  had 
under  consideration  a  project  for  improving  the 
navigation  of  Rainy  River  by  means  of  a  dam  and 
lock  at  the  Long  Sault  Rapids.  In  view  of  the  fact  that  the  propose<l 
work  would  extend  from  shore  to  shore  of  an  international  stream, 
representations  were  made  in  1908  by  the  Government  of  Canada, 
through  the  British  Embassy,  to  the  United  States  Government, 
with  the  object  of  obtaining  the  consent  of  that  Government  to  the 
construction  of  the  dam.  The  Attorney  General  of  the  United 
States,  however,  was  of  the  opinion  that  in  the  absence  of  a  treaty 
or  congressional  legislation  authorizing  the  same,  such  consent  could 
not  be  given.  In  1911  the  matter  was  taken  up  by  the  Western 
Canal  Company  as  a  combined  power  and  navigation  project,  but 
apparently  was  eventually  abandoned. 

Inasmuch  as  a  complete  report  "on  the  facts  and  circumstances 
of  the  questions  referred  "  and  full  consideration  of  the  numerous 
questions  presented  and  discussed  by  counsel  for  the  Governments 
and  interests  concerned  will  necessarily  cover  a  wide  range^  the  com* 
mission  will  first  report  its  conclusions  and  recommendations  in 
answer  to  the  specific  questions  of  the  reference,  following  the  same 
with  a  statement  of  facts  nnd  circumstances  in  support  of  such  con- 
clusions and  reconunendations. 


IV.— CONCITTSIOWS  AND  RECOMMENDATIONS:  aiTESTION  ONE. 

In  order  to  secure  the  most  ndvnntajreous  use  of  the  waters  of  the  Lake  of  the 
Woods  and  of  the  waters  flowing  Into  and  from  that  lake  on  each  side  of  the 
boundary  for  domestic  and  sanitary  purposes,  for  navigation  and  transporta- 
lon  purposes,  and  for  fishing  purposes,  ^nd  for  power  and  irrigation  pur- 
poses, and  also  In  order  to  secure  the  most  advantageous  use  of  the  shores 
and  harbors  of  the  lake  and  of  the  waters  flowing  into  and  from  the  lake,  is 
it  practicable  and  desirable  to  maintain  the  surface  of  the  lake  during  the 
different  seasons  of  the  year  at  a  certain  statetl  level ;  and,  if  so,  at  what 
level? 

A  strict  interpretation  of  the  first  part  of  this  question  would  neces- 
sitate a  reply  in  the  negative.    In  view  of  the  great 

InterpreUtloB.  .,.*.*'  ...  .  ,  ° 

variations  in  precipitation  occurring  from  year  to 
year,  the  maintenance  of  an  absolutely  uniform  level  of  the  Lake  of 
the  Woods,  over  long  periods  of  time,  is  not  practicable,  nor  is  it  desir- 
able, because  it  would  not  admit  of  the  most  advantageous  use  of  the 
waters  flowing  into  and  from  that  lake. 

Having  in  mind,  however,  the  origin  of  the  questions  of  the  refer- 
ence, it  is  clear  that  a  "  certain  stated  level "  refers  nevertheless  to  a 
relatively  uniform  level. 

A  careful  study  of  the  physical  data  submitted  in  the  report  of 

BegnuuoB  dwir-  the  Consulting  engineers,  and  a  consideration  of  all 
•'•I*-  the  interests  involved,  lead  to  the  conclusion  that  it 

is  practicable  and  desirable  to  maintain  the  lake  at  a  relatively 
uniform  level  throughout  all  ordinary  seasons,  but  that  in  order  to 
secure  the  most  advantageous  use  of  the  waters  flo>ving  from  the  lake, 
it  is  necessary  to  permit  a  draft  on  the  water  stored  in  the  lake,  in 
excess  of  2  or  3  feet,  during  periods  of  exceptional  drought  occurring 
about  once  in  20  years,  for  the  purpose  of  maintaining  a  satisfactory 
outflow;  and  also  to  permit  the  storage  of  some  of  the  flood  water 
above  the  ordinary  maximum  level  during  occasional  years  of  exces- 
sive flood  inflow. 

Because  of  the  diverse  requirements  of  the  various  interests,  it  is 
The  recommended  an  impossibility  to  rccommcnd  a  level  or  regimen  of 
^•'*'-  levels  which  would  be  of  equal  desirability  to  all  these 

interests.  After  careful  consideration  of  all  the  factors  entering  into 
this  problem,  the  commission  is  of  the  opinion  that,  subject  to  proper 
compensation  and  protection  being  provided,  for  property  and  inter- 
ests injuriously  affected,  the  most  advantageous  use  of  the  waters  of 
26 


FINAL  KEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         27 

the  Lake  of  the  Woods  and  of  the  waters  flowing  into  and  from  that 
lake  and  of  the  shores  and  harbors  of  the  lake,  can  be  secured  by 
maintaining  the  level  of  the  lake  at  an  ordinary  maximum  stage  of 
1,061.25,  sea-level  datum.  Whenever  the  level  of  the  lake  rises  to 
1,061.0,  sea-level  datum,  water  shall  be  wasted  or  conserved  as 
directed  by  the  commission  under  the  system  of  international  super- 
vision and  control  hereinafter  recommended,  and  between  1,056  and 
1,061  water  may  be  drawn  from  the  lake  by  the  appropriate  authority 
in  Canada  for  the  benefit  of  Canadian  interests,  provided,  however, 
that  the  level  of  the  lake  shall  not,  even  toward  the  end  of  a  series 
cl  dry  years,  be  drawn  below  1,056  sea  level  datum,  without  the  ap- 
proval of  this  commission,  and  then  only  on  such  terms  and  condi- 
tions as  it  may  impose. 

The  commission  is  further  of  the  opinion  that  if  the  additional 
storage  hereinafter  recommended  for  the  Upper  Rainy  watershed  is 
provided,  the  ordinary  maximum  level  can  be  slightly  increased  with- 
out injury  to  any  interests  on  the  lake  and  with  material  benefit  to 
the  water  power  interests  both  at  and  below  the  outlets.  This  can 
be  done  within  the  limits  of  flowage  rights  to  contour  1,064. 

The  term  "  level  of  the  lake  "  wherever  used  in  this  report  shall  be 
construed  to  mean  the  level  of  the  open  lake  unaffected  by  wind  or 
currents. 


v.— CONCLUSIONS  AND  RECOMMENDATIONS:  aUESTION  TWO. 

If  a  certain  stated  level  is  recommended  in  answer  to  question  1,  and  if  sucli 
level  Is  higher  than  the  normal  or  natural  level  of  the  lake,  to  what  extent, 
If  at  all,  would  the  lake,  when  maintained  at  such  level,  overflow  the  lowlands 
upon  Its  southern  border,  or  elsewhere  on  its  border,  and  what  is  the  valu*» 
of  the  lands  which  would  be  submerged? 

The  average  controlled  level  of  the  Lake  of  the  Woods  between 
1802  and  1916  was  1,059.82.  The  average  level 
.J.rrd""i;.M  iZ  ^^•^'•^I^  ^o^l^  have  prevailed  during  the  same  period 
prmeiit  rontroiied  ind  of  years,  if  the  outlets  had  remained  as  in  a  state  of 
utT'*"  "*"'•*  nature,  is  1,056.77  or  practically  3  feet  lower.  Ordi- 
nary high  water,  from  the  viewpoint  of  the  rights  of 
the  riparian  owners,  is  dependent  upon  the  level  which  prevails 
during  the  planting,  growing,  and  harvesting  season.  For  the  pur- 
pose of  this  report,  we  have  adopted  the  mean  of  all  levels  above  the 
average  summer  level  prevailing  between  June  1  and  September  30 
as  mean  or  ordinary  high  water.  On  the  basis  of  comparison  of 
ordinary  high  water  the  recommended  level  of  1,061.25  is  2.23  feet 
higher  than  the  computed  natural  level  of  the  lake,  and  0.03  feet 
lower  than  the  actual  level  which  has  prevailed  during  the  past  24 
years  of  partial  control. 

An  examination  of  figure  1,  showing  the  frequency  of  various 
summer  lake  levels,  indicates  that  the  recommended  ordinary  maxi 
mum  level  would  be  much  more  uniform  than  either  the  natural 
level  or  the  level  that  obtained  under  the  control  exercised  in  the 
past,  and  that  under  the  proposed  regulation  exceptionally  high 
water  would  have  occurred  less  frequently  than  in  the  past  24  years 
and  would  have  never  exceeded  the  extreme  high-water  marks  shown 
on  the  rocky  shores  of  the  lake,  at  an  average  elevation  of  1,062.5, 
even  in  a  season  like  1916,  when  the  stage  actually  rose  to  1,064. 

If  the  regimen  of  lake  levels  which  would  prevail  under  the  recom- 
mended system  of  regulation  were  exactly  similar  to  the  regimen 
of  levels  prevailing  in  a  state  of  nature  and  under  the  past  control, 
then  a  comparison  of  the  ordinary  high-water  levels  under  these 
different  conditions  would  give  a  correct  measure  of  the  relative 
amounts  of  land  submerged  and  injuriously  affected  under  these 
conditions.  Under  the  recommended  system  of  regulation,  however, 
the  ordinary  high-water  level  will  prevail  for  a  much  greater  pro- 
portion of  the  time,  and  hence  land  lying  above  ordinary  high- 
28 


PINAL  EEPOET  OP  THE  INTERNATIONAL  JOINT  COMMISSION.         29 

water  mark  will  be  more  injuriously  aflFected  than  under  the  fluc- 
tuating regimen  of  levels  prevailing  both  in  a  state  of  nature  and 
under  present  conditions  of  control.    For  example,  with  the  proposed 


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too 


FREQUENCY   CURVE  OF 
ACTUAL,  NATURAL  AND  RC6ULATC0  LEVELS 
LAKE  OF  THE  WOODSCJUNE  TO  SEPT  INCL) 

no.  I 

reguhition  applied  under  the  hydroh»gic«l  conditions  which  prrvailed 
(hiring  the  past  24  ye&n,  the  lake  level  would  hftTe  been  below 
l,(Mn.()  only  40  per  cent  of  the  time,  whereat  it  totiiaUy  wee  below 
UuH  level  70  pi>r  cent  of  the  time. 


30  FINAL  EEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

Although  the  increased  discharge  capacity  of  the  western  outlet  of 
Riparian  lands  «f-  the  Lake  of  the  Woods,  recommended  in  answer  to 
'"^**'-  question  three,  will  greatly  increase  the   physical 

power  of  control  over  the  flood  waters  of  the  lake,  and  will  abso- 
lutely prevent  the  lake  from  rising  to  any  such  level  as  it  attained 
during  the  flood  of  1916,  nevertheless,  the  contingency  of  still 
greater  flood  inflows  into  the  lake  than  during  the  past  25  years 
must  be  provided  for  as  a  reasonable  "  factor  of  safety."  Moreover, 
during  high  northeasterly  winds,  the  southerly  portion  of  the  lake 
occasionally  rises  a  foot  above  the  mean  lake  level  for  portions  of  a 
day  and  sometimes  longer.  Allowance  must  also  be  made  for  seep- 
age effects  and  coldness  and  sourness  of  soil  resulting  from  proximity 
of  the  water  table.  In  view  of  these  considerations,  it  is  believed 
that  all  land  lying  below  the  1,064  contour  will  be  either  submerged 
or  injuriously  affected  under  the  proposed  regidation  and  main- 
tenance of  the  recommended  level. 
The  expression  "  normal  or  natural  level "  has  been  given  at  least 
Normal  or  natnrai  two  interpretations  by  the  parties  to  the  reference 
**"*'•  and  other  interests.    On  the  one  side,  it  was  con- 

tended that  the  expression  means  the  lake  stage  which  had  pre- 
vailed so  long  as  to  have  become  the  normal  level  at  the  time  the 
reference  was  submitted.  On  the  other  it  was  argued  that  the  expres- 
sion means  the  level  which  prevailed  on  the  lake  in  a  state  of  nature 
before  the  outlets  were  obstructed.  The  commission  has  adopted 
the  latter  interpretation.  It  has  concluded  that  the  reconmiended 
level  of  1,061.25  is  over  2  feet  higher  than  the  "  normal  or  natural 
level  "  of  the  lake,  and  that  all  lands  lying  between  the  1,064  contour 
and  the  1,059  contour,  which  the  commission  believes  fairly  repre- 
sents ordinary  high  water  under  natural  conditions,  will  be  either 
submerged  or  injuriously  affected  at  the  recommended  level.  How- 
ever, since  the  meander  line  established  by  the  United  States  land 
surveyors  was  believed  to  be  ordinary  high  water  at  the  time  the 
surveys  were  made,  and  the  riparian  owners'  titles  extend  down  to 
this  line,  the  commission  further  recommends  that  all  private  lands 
between  the  1,059  contour  and  the  meander  line  be  also  considered 
as  lands  which  will  be  submerged  at  the  recommended  level. 

The  total  area  of  affected  lands  between  the  old  meandered  shore 
line  and  the  1,064  contour  is  23,968  acres  in  the 
United  States  and  40,792  acres  in  Canada.  Of  the 
United  States  land  13,504  acres  and  of  the  Canadian  land  4,671 
acres  were  in  private  ownership  or  had  been  filed  on,  on  December 
31,  1915.^  The  commission  is  of  the  opinion  that  unoccupied  lands 
in  territory  far  removed  from  settlement,  especially  in  the  watershed 
under  consideration,  have  at  the  present  time  no  particular  value  be- 

iThe  total  acreages  In  Canada  and  the  United  States  on  Dec.  31,  1916,  were  substan- 
tially the  same  as  those  given  for  Dec.  31,  1915. 


Plate  7. 


o,  FLOODED  FAUM,  SOUTH  SHORE. 


6,  LUMBER  SLIDE,  UPPER  WATERSHED. 


FINAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISfilON.         31 

yond  that  of  the  timber  that  may  be  found  thereon.  It  is,  however, 
aware  that  the  minimum  prices  at  which  public  lands  have  been 
offered  for  sale  are  as  follows:  Minnesota  State  lands  $5  per  acre, 
Canada  Federal  lands  $3  per  acre,  and  United  States  Federal  lands 
$1.25  per  acre.  Counsel  for  Ontario  has  stated  to  the  commiasion 
that  that  province  is  willing  to  accept  a  nominal  value  for  its  huid, 
provided  the  other  Governments  concerned  are  willing  to  do  like- 
wise. Assuming,  therefore,  a  nominal  value  of  $1  per  acre  for  all 
public  lands  affected  in  both  countries,  the  commission  estimates  the 
aggregate  value  of  the  United  States  land  injuriously  affected  by  the 
proposed  regulation  of  the  Lake  of  the  Woods  to  be  $163,957  and  of 
the  Canadian  land  similarly  affected  $80,877.  These  estimates  in- 
clude the  value  of  all  improvements  on  privately  owned  lands,  such 
iiS  buildings,  fences,  roads,  and  ditches  that  would  be  affected  by  the 
proposed  regulation.^ 

In  addition  to  compensation  for  flowage  over  the  improved  agri- 
other  property  cultural  and  wild  lands,  the  commission  finds  that 
riKhte  afeeted.  provisiou  will  have  to  be  made  for  the  removal  of 

buildings  and  loss  by  erosion  of  lands  along  the  high  banks  on 
the  lake  shore  where  no  actual  flowage  results.  It  also  appears 
that  some  outlying  lots  in  the  municipality  of  Warroad  will  be 
injuriously  affected  at  the  recommended  level.  It  will  also  be  neces- 
sary to  protect  the  banks  of  Warroad  River  from  erosion  and  to 
relocate,  raise,  and  rip-rap  the  railway  embankment  east  of  the  town 
so  as  to  make  it  serve  as  a  protection  against  surface  flooding  of  the 
higher  lands  in  and  around  Warroad,  particularly  during  high  wind. 
There  will  be  some  additional  expense  to  Warroad  on  account  of 
increased  cost  of  operating  and  maintaining  its  sewerage  qrstom.  In 
view  of  the  very  slight  fall  in  the  Rainy  River  as  it  approaches  I.<ake 
of  the  Woods,  some  minor  protection  will  be  required  to  public  and 
private  interests  along  the  water  front  in  the  vicinity  of  Baudette, 
ftlinnesota,  and  Rainy  River,  Ontario,  on  opptKsito  aides  of  Rainy 
River,  and  about  12  miles  up-strenm  from  Lake  of  the  Woods.  Ths 
commission  estimates  that  the  total  amount  required  as  oompensalioii 
in  all  these  cases  would  not  exceed  $115,000. 

Since  the  recommended  ordinary  maximum  level  is  substantially 
equal  to  mean  high  water  of  past  years  and  the  oocaaional  flood  sUfss 
will  Im  niatorially  lower,  the  commisBion  does  not  consider  th«  pro> 
posed  regulation  disadvantageous  to  the  rampeni  and  owners  of 
islands  and  summer  homes,  boathouses,  and  docks  around  the  lake. 
All  improvements  of  the  character  mentioned  have  been  made  in 
conformity  with  the  prevailing  stage.  It  is  believed  tlie  propond 
regulation  is  in  no  way  detrimental  to  existingsand  beeches, alth(PO|^ 
it  is  recognized  that  a  lower  level  would  ezpoee  a  greater  area  of  these 
beeolies. 

*rw SvtalM  ta«»m*ttoa  M  to  luS  valvM.  ■••  w^  eS-eit 

iasoie-17 — s 


VI.— GONCITJSIOHS  AND  BECOMMEND ATIONS :  QUESTION  THBEE. 

In  what  way  or  munner.  Including  the  constractlon  and  operation  of  dams  or 
other  works  at  the  outlets  and  Inlets  of  the  lake  or  In  the  waters  which  are 
directly  or  indirectly  tributary  to  the  lake  or  otherwise,  is  it  possible  and 
advisable  to  regulate  the  volume,  use,  and  outflow  of  the  waters  of  the  lake 
HO  as  to  maintain  the  level  recommended  in  answer  to  question  1,  and  by 
what  means  or  arrangement  can  the  proper  construction  and  operation  of 
regtilatlng  works  or  a  system  or  method  of  regulation  be  best  secured  and 
maintained  in  order  to  insure  the  adequate  protection  and  development  of  all 
the  interests  involved  on  both  sides  of  the  boundary,  with  the  least  possible 
damage  to  all  rights  and  interests,  both  public  and  private,  which  may  be 
affectetl  by  maintaining  the  proposetl  level? 

In  determining  how  the  recommended  level  can  be  bast  maintained 
How  remuttoa  mMj  and  the  most  advantageous  use  of  the  waters  of  the 
b«  eCMtod.  Lake  of  the  Woods  and  of  the  waters  flowing  into 

and  from  that  lake  be  best  secured,  the  commission  has,  in  accordance 
with  the  suggestion  of  the  reference,  considered  the  possible  utiliza- 
tion of  existing  dams  and  regulating  works  both  at  the  outlets  of  the 
Lake  of  the  Woods  and  in  the  waters  directly  or  indirectly  tributary 
thereto.  It  has  also  considered  to  what  extent  further  dams  and 
regulating  works,  additional  reservoir  storage  capacity,  and  changes 
in  the  discharge  capacity  of  the  several  lake  outlets  are  necessary  or 
desirable  to  aid  in  accomplishing  the  end  sought. 

Under  existing  physical  conditions  the  discharge  capacity  of  all 
EaUrfiBK  tk«  oit*  the  outlets  of  the  Lake  of  the  Woods  at  a  level  of 
^•*^  1,061,  including  water  discharged  through  the  power 

plants,  is  about  32,000  c.  f .  s.  This  discharge  capacity,  even  if  utilized 
to  its  full  extent,  and  even  in  seasons  of  little  more  than  ordinary 
precipitation  on  the  watershed,  will  not  admit  of  the  discharge  of 
water  at  a  rate  sufficiently  high  to  prevent  the  level  of  the  lake  from 
rising  to  an  elevation  of  1,062,  nor  prevent  it  from  rising  as  high  as 
1,064  during  seasons  of  extraordinary  precipitation,  such  as  1916, 
unless  the  lake  is  drawn  down  so  low  every  spring  as  to  preclude  the 
possibility  of  advantageously  utilizing  the  waters  flowing  from  the 
lake. 

The  first  requirement,  therefore,  for  the  maintenance  of  the  recom- 
mended level  is  an  increase  in  the  outflow  capacity  of  the  Lake  of 
the  Woods  to  a  total  of  about  47,000  c.  f .  s.  at  a  stage  of  1,061.  This 
is  about  13,000  c.  f.  s.  greater  than  the  natural  discharge  at  the  same 
stage.  The  cost  of  providing  the  increased  outflow  capacity  mainly 
32 


FIl^AL  BEPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         33 

through  rock  excavation  in  the  western  outlet  would  be  approxi- 
mately $175,000,  depending  largely  upon  the  circumstances  under 
which  the  work  is  done.  Whether  or  not  it  will,  at  any  time,  be  nec- 
essary to  utilize  this  outflow  capacity  to  the  full  extent  will  depend 
largely  upon  the  foresight  that  is  exercised  before  the  reservoir 
storage  capacity  of  the  lake  has  been  exhausted.  When  it  is  so 
utilized,  however,  some  loss  will  result  to  the  power  interests  at  the 
outlets  of  the  lake ;  and  some  riparian  lands,  boathouses,  and  other 
structures  on  the  Winnipeg  River  between  the  lake  and  Minaki* 
will  be  damaged. 

The  estimated  cost  of  compensating  existing  power  interests  at  the 
outlets  for  the  loss  of  head  and  permanently  protecting  them  against 
flooding  due  to  possible  high  tail-water  stages  resulting  from  the 
utilization  of  the  full  discharge  capacity  of  the  lake,  is  approxi- 
mately $26,000,  and  the  cost  of  flowage  rights  required  on  the 
Winnipeg  River  below  the  outlets  is  approximately  $30,000. 

The  regulation  of  the  outflow  from  the  Lake  of  the  Woods  involves 

Tk«  e»Btr«iiiac  the  use  of  controlling  works.  The  present  Norman 
''•'^^  Dam  in  the  western  outlet  is  well  adapted  to  such 

use.  Although  built  for  power  purposes,  it  has  sufficient  wasteway 
capacity  to  discharge  all  the  flood  water  that  need  ever  be  drawn 
from  the  lake  through  this  outlet.' 

Out  of  a  total  flood  discharge  of  47,000  c.  f.  s.  at  a  atega  of  1^1 
it  is  proposed  to  pass  40,000  c.  f.  s.  through  tliis  outlet,  as  agaiaat 
29,000  c.  f.  8.  under  natural  conditions.  About  fiOO  c  f .  a.  can  be 
passed  through  the  old  Keewatin  Lumber  &  Manufacturing  Com- 
pany's headworks,  which  require  replacement  in  any  event,  and  6J)00 
c.  f.  s.  through  the  Keewatin  mills  and  the  Kenorn  power  plant  after 
the  latter  has  been  remodeled  as  suggested  later.  Them  plants  should 
be  arranged  so  that  the  turbinas  caik  be  rmi  continuously  at  full  gale 
in  time  of  flood  or  blocked  with  the  gatea  wide  open. 

Inasmuch  as  any  power  plant  operating  at  the  Norman  Dam  ate 
might  reasonably  be  exix>ctod  to  provide  suflicient  wastawsy  capacity 
in  the  dam  to  pass  the  natural  flooil  flow  ol  about  88/)00  c.  f .  a.  at  a 
lake  stage  of  1,001,  only  an  additional  wasteway  capac^  of  11,000  e, 
f .  8.  is  requii*ed  to  permit  of  the  proposed  regulation  in  the  e\'«iit  that 
eKiiting  waateways  or  flumea  of  equivnhuit  rniiacity  aia  in  tha  loCara 
utiliied  for  water-power  purpooes.  Although  tha  prnpaarf  **>»*— »*J 
ealargements  will  enhance  the  value  of  tlie  Norman  Dam  aa  a  walar- 
power  aite  by  increatiing  the  avaiJabk  head,  tha  itiwhaign  ol  mora 
water  than  would  pass  through  the  wcatem  outlet  in  a  alataaf  nature 
wiU  daoiaaaa  tha  head  and  to  that  extant  daptariata  tha 

I  Report  of  CoonuUlBg  Knstawrs  (^N«).  Pkite  tli 
•ld«a.  riato  ST. 


34  FINAL  REPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

value  of  the  site.  On  the  whole,  the  proposed  regulation  will  sub- 
stantially increase  the  value  of  this  site  over  what  it  would  be  under 
natural  conditions.  It  will  be  necessary,  then,  merely  to  provide  the 
equivalent  of  the  cost  of  wasteway  capacity  for  11,000  c.  f.  s.,  esti- 
mated at  $60,000,  and  to  acquire  the  right  to  control  all  the  regulating 
works  at  the  outlets  in  time  of  flood  so  as  to  permit  the  discharge  of 
47,000  c.  f .  s.  through  all  outlets  at  a  stage  of  1,061  if  this  should  ever 
be  required.  The  additional  wasteway  capacity  will  not  be  actually 
needed  unless  a  water-power  plant  is  built  at  the  Norman  Dam. 
If  the  questions  of  the  reference  were  limited  to  the  maintenance 
Eiiuaiisiif  ue  •uu  of  a  reasonably  uniform  level  on  the  Lake  of  the 
**^-  Woods,  that  end  could  be  attained  by  acquisition  of 

the  necessary  flowage  rights  and  the  provision  of  the  necessary 
controlling  works  just  indicated.  The  most  advantageous  use  of 
the  waters  of  the  lake,  however,  can  only  be  secured  by  equalizing 
the  outflow  so  far  as  practicable.  Under  the  circumstances  sur- 
rounding power  development  on  the  Winnipeg  River,  there  is  little 
likelihood  that  these  water-power  interests  will  ever,  in  the  future, 
develop  more  than  the  dependable  outflow  from  the  lake.  These 
considerations  make  it  highly  desirable  to  provide  the  greatest  de- 
pendable outflow  that  can  be  economically  secured.  The  dependable 
outflow  increases  with  the  available  reservoir  storage,  although  at  a 
flecreasing  rate.  The  most  advantageous  use  of  the  waters  flowing 
from  the  lake,  then,  can  be  secured  by  providing  as  much  storage 
capacity  as  the  resulting  increase  in  dependable  outflow  will  warrant. 
Outside  of  the  Lake  of  the  Woods  itself,  the  largest  available 
uies  of  prMCBt  Vp-  Storage  reservoirs  are  Rainy  Lake  and  the  system, 
per  Bainr  itorkge.  of  lakcs  Controlled  by  the  dams  at  Kettle  Falls. 
There  is  at  present  a  total  of  a  little  over  100  billion  cubic  feet 
of  storage  capacity  available  on  these  lakes.  The  most  advan- 
tageous local  use  of  this  storage  capacity  in  equalizing  the  out- 
flow from  Rainy  Lake  for  the  purpose  of  developing  water  power 
at  the  existing  plants  at  International  Falls  and  Fort  Frances  can 
be  secured  by  discharging  approximately  10,000  c.  f.  s.  whenever 
stored  water  is  available  and  there  is  a  market  for  the  product  of 
the  mills.  This  use  of  the  available  storage  increases  the  dependable 
outflow  from  the  Lake  of  the  Woods  by  only  a  few  per  cent  over 
what  it  would  be  if  Rainy  Lake  were  in  its  natural  condition,  and 
will  not  permit  of  as  advantageous  a  use  of  the  waters  flowing  from 
the  Lake  of  the  Woods  as  would  the  discharge  of  stored  water  from 
Rainy  Lake  at  a  rate  of  approximately  8,000  c.  f.  s.  The  records  of 
the  past  24  years  indicate  that  the  latter  rate  of  discharge  would 
assure  that  the  Rainy  Lake  and  Lake  of  the  Woods  reservoirs  are 
full  at  the  beginning  of  a  dry  period  of  years,  and  would  result  in 


Plate  8. 


PITHERS  POINT,  FORT  FRANCES. 


PINAL  REPOBT  OF  THB  INTBmNATIONAL  JOIKT  COMMIBftlOK.         35 

an  increase  in  the  dependablt  outflow  from  th«  Lake  of  the  Woods 
of  about  1,000  c.  f.  s.,  or  10  per  cent.  Such  regulation  of  the  outflow 
from  Rainy  Lake,  including  control  over  the  existing  dams  at  the 
outlets  of  that  lake  and  Lake  Namakan,  and  including  the  release  of 
stored  water  when  required  on  the  Lake  of  the  Woods,  while  increas- 
ing the  potential  water  power  on  the  Winnipeg  River  by  about 
25,000  horsepower,  would  result  in  a  loss  of  substantially  1,000  horse- 
power at  International  Falls  and  Fort  Frances. 

Aside  from  the  change  in  the  method  of  regulating  the  outflow 

iBcreued  it  or  age  ^^om  Rainy  Lake,  increased  storage  on  that  lake  and 
OB  ipper  reterrotn  on  the  lakes  above  Kettle  Falls  will  also  increase 
<ieiir.bie.  ^^le  dependable  outflow  from  the  Lake  of  the  Woods. 

The  commission  is  of  the  opinion  that  subject  to  proper  com- 
pensation and  protection  being  provided  for  property  and  inter- 
ests injuriously  affected,  it  is  desirable  to  acquire  25  billion  cubic 
feet  of  additional  storage  on  Rainy  Lake  and  20  billion  on  the 
lakes  controlled  by  the  Kettle  Falls  Dama  It,  however,  recognizes 
the  fact  that  the  power  companies  at  International  Falls  and  Fort 
Frances,  which  provided  the  existing  storage  on  these  I'eservoirs, 
and  have  the  right  to  the  maximum  advantage  legally  obtainable 
therefrom,  may  not  be  able  to  meet  alone  the  cost  of  the  sug- 
gested additional  storage.  It  is  also  aware  that  the  water  powers 
in  the  Winnipeg  River  h^ve  not  reached  thit  point  in  their  de 
velopment  where  they  requir*  any  advantage  from  such  tddi 
tional  storage.  At  the  same  time,  the  commission  believes  that  in 
view  of  the  probably  rapid  increase  in  the  cost  of  obtaining  thia 
additional  storage  in  the  future  it  would  be  desirable  to  arrange  for 
the  early  acquisition  of  same  upon  some  equitable  basis  by  which 
the  cost  would  be  apportioned  between  all  the  interesti  oonoemed.  It 
further  believes  that,  as  far  as  possible  the  two  (SoTenunenta,  rapcc- 
tively,  should  reserve  a  flowage  easement  over  all  public  riparian 
lands  around  the  larger  lakes  on  the  watenhed  in  both  conn^es  to 
an  elevation  of  at  least  6  feet  above  extreme  natural  high-water 
mark,  or  to  such  other  elevation  as  after  investigation  they  may  agree 
upon. 

It  is  difficult  to  detennine  the  cost  of  this  additional  storage  on 
Rainy  Lake  in  view  of  the  fact  that  the  eziidng  storage  has  not  yet 
IxH^n  settled  for  by  the  power  companies  at  International  Falls  and 
Fort  Frances,  and  much  will  depend  upon  the  character  and  stability 
of  improvements  along  the  water  front  at  Fort  Frances,  Ranier  and 
International  Falls. 

Believing,  however,  from  an  examination  of  existing  condition.* 
(hat  thr  cost  of  additional  flowage  rights  around  Rainy  Lake  t«> 
an  elevation  of  601,  public  works  datum,  and  all  additional  prdsc- 


36  FINAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

tion  to  the  towns  of  Fort  Frances  and  International  Falls,  the  vil- 
lage of  Ranier,  and  to  all  industrial  and  commercial  interests  con- 
cerned, together  with  such  protection  of  the  Canadian  Northern 
Railway  as  will  be  at  least  equal  to  that  now  enjoyed  by  this  im- 
portant interest,  and  all  additional  flowage  rights  around  Namakan 
Lake  and  the  other  lakes  above  Kettle  Falls  to  an  elevation  of  516, 
public  works  datum,  and  the  protection  of  all  interests  around 
these  lakes,  will  be  materially  less  than  the  value  of  the  water  power 
which  this  additional  storage  will  produce  on  the  Rainy  River  and 
the  Winnipeg  River  combined,  when  the  demand  for  such  power 
exists,  the  commission  recommends  that  the  ordinary  maximum  level 
of  499.5,  public  works  datum,  be  adopted  for  Rainy  Lake  and  515, 
public  works  datum,  for  the  Namakan  Lake  system,  with  an  addi- 
tional half  foot  for  flood  reserve  on  Rainy  Lake,  in  order  to  obtain 
the  further  storage  of  45  billion  cubic  feet  and  thereby  secure  a  more 
advantageous  use  of  the  waters  of  the  I^ake  of  the  Woods  and  tlie 
waters  flowing  into  and  from  that  lake. 
If  this  additional  storage  above  indicated  together  with  that  now 
Beraiti  leeired  ^^vailable  Were  utilized  primarily  for  equalizing  the 
witk  iMreued  lUrage.  outflow  f  rom  the  Lake  of  the  Woods  and  maintaining 
the  recommended  level,  it  would  increase  the  avail- 
able power  at  International  Falls  and  Fort  Frances  above  that  now 
available  by  about  700  horsepower,  making  a  total  of  about  30,000 
horsepower  on  the  Rainy  River  when  the  potential  power  of  about 
9,000  horsepower  at  the  Long  Sault  Rapids  is  added,  and  it  would 
increase  the  potential  water  power  on  the  Winnipeg  River  by  nearly 
50,000  horsepower,  or  about  20  per  cent  more  than  that  which  would 
be  available  on  this  stream  with  the  natural  outflow  from  Rainy 
Lake  and  a  range  of  about  6  feet  in  the  levels  of  the  Lake  of  the 
Woods.  Assuming  the  entire  150  billion  cubic  feet  of  storage  capacity 
on  the  Upper  Rainy  watershed  utilized  primarily  for  the  purpose 
of  increasing  the  available  water  power  on  the  Rainy  River,  then 
there  will  be  an  increase  of  about  2,500  horsepower  over  that  now 
available,  making  an  aggregate  of  about  32,000  horsepower  on  the 
Rainy  River  when  the  potential  power  at  Long  Sault  Rapids  is  in- 
cluded, and  an  increase  in  the  total  potential  water  power  on  the 
Winnipeg  River  of  not  less  than  17,000  horsepower  over  what  would 
be  available  with  the  natural  outflow  from  Rainy  Lake.  Further 
increases  in  storage  capacity  will  result  in  additional  increases  in  de- 
pendable outflow  from  the  Lake  of  the  Woods  and  Rainy  Lake,  and 
while  there  will  be  decreasing  returns  from  further  investments  in 
storage  the  limit  of  economical  development  possibly  will  not  have 
been  reached  until  more  than  200  billion  cubic  feet  of  total  storage 
capacity  will  ultimately  have  been  provided  on  the  upper  watershed. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         37 

The  commission  recommends  that  it  be  authorized  to  exercise  super- 
vision and  control  over  the  operation  of  all  dams  and 
^Mon'ni^onLoL*''  regulating  works  extending  across  the  international 
boundary ;  the  dam  and  regulating  works  across  the 
Canadian  channel  at  Kettle  Falls;  and  the  dams  and  regulating 
works  at  the  outlets  of  the  Lake  of  the  Woods  when  its  level  rises 
above  1,061  or  falls  below  1,056,  sea  level  datum.  Between  these  levels 
supervision  and  control  shall  be  exercised  by  the  appropriate  author- 
ity in  Canada  for  the  benefit  of  Canadian  interests. 

In  the  case  of  regulating  works  at  the  outlets  of  Rainy  and  Nama- 
kan  Lakes  the  proposed  international  supervision  and  control  shall 
l)e  exercised  with  a  view  of  protecting  all  rights  and  promoting  the 
development  of  all  interests,  both  public  and  private,  on  Rainy 
River  and  on  the  lakes  controlled  by  such  works,  and  also  with  a 
view  of  providing  sufficient  storage  capacity  in  the  lakes  and  dis- 
charging water  therefrom  at  a  rate  which  will  prevent  those  lakes 
from  exceeding  the  level  of  497  for  Rainy  Lake  and  508.5  for  Na- 
inakan  Lake.  After  the  additional  storage  of  45  billion  cubic  feet 
herein  recommended  has  been  provided,  the  recommended  extreme 
maximum  level  for  Rainy  Lake  is  500  and  for  Namakan  Lake  is 
515,  public  works  datum;  provided,  however,  that  in  securing  stor- 
age capacity  and  in  determining  the  rate  of  discharging  water  from 
the  said  lakes  due  consideration  shall  at  all  times  be  given  to  the  level 
prevailing  on  the  Lake  of  the  Woods. 

Until  the  outlets  have  been  enlarged  as  recommended  herein,  the 
commission  believes  the  levels  of  the  lake  should  ordinarily  be  held 
at  an  elevation  of  1,060.5,  and  that  it  should  have  authority  to  advin 
the  Government  of  Canada,  within  whose  territory  the  outlets  are 
situated,  as  to  increasing  the  discharge  from,  or  conserving  the  waters 
of  the  Lake  of  the  Woods,  whenever  it  believes  such  changes  in  the 
existing  regulation  are  necessary  in  order  to  safeguard  intematiooal 
interests. 

Furthermore,  the  commission  is  of  the  opinion,  for  the  purpose  of 
regulating  the  waters  of  Rainy  Lake  and  the  lakes  controlled  by 
Kettle  Falls  Dams,  that  it  should  at  once  be  vested  with  authority  to 
ezerdse  control  over  all  structures  and  regulating  works  eztandinc 
across  the  international  Imundary  and  the  Canadian  channel  at 
Kettle  Falla 

The  recommended  international  miper^'ision  and  control  shall  be 
administered  in  such  manner  as  this  commission  may  from  time  to 
time  deem  necessary  to  protect  and  promote  the  development  of  all 
interests  involved  in  both  countries.  The  commisskm  shall  be  sb* 
powered  to  appoint  and  to  fix  the  salaries  of  two  eDfinMn»  ons  from 
each  oountry,  who  shall  act  as  its  representatives>  under  waA  mtei 


38  PINAL  REPOBT  OF  THE  INTEENATIONAL  JOINT  COMMISSION. 

and  regulations  as  it  may  prescribe,  for  the  exercise  of  said  super- 
vision and  control. 

All  reasonable  and  necessary  expenses  incident  to  the  administra- 
tion of  the  recommended  supervision  and  control,  including  the 
salaries  and  expenses  of  such  engineers,  should  be  paid  in  equal 
moieties  by  the  two  Governments. 

It  is  further  recommended  that,  as  a  matter  of  sound  international 
policy,  neither  Government  should  permit  the  permanent  or  tem- 
porary diversion  out  of  the  watershed  of  any  waters  within  its 
jurisdiction  which  are  tributary  to  the  boundary  waters  under  con- 
sideration, without  first  referring  the  matter  to  the  commission  for 
such  recommendation  as  it  may  deem  appropriate. 


Vn.-^XrMMAEY  OF  CONCLUSIONS  AND  BECOMMENDATIONS. 

Question  I.  The  commission  answers  that  it  is  practicable  and  de- 
sirable to  maintain  the  surface  of  the  Lake  of  the  Woods  at  a  relatively 
uniform  level  throughout  all  ordinary  seasons.  In  order  to  secure 
the  most  advantageous  use  of  the  waters  of  the  lake,  and  of  the  waters 
flowing  thereinto  and  therefrom,  and  of  the  shores  and  harbors  of 
the  lake,  for  the  purposes  stated  in  this  question,  the  commi88i<Hi 
recommends  that  the  waters  of  the  lake  be  maintained  at  an  ordinary 
maximum  stage  of  1,061.25  sea  level  datum,  with  a  range  from  1,056 
to  1,062.50  representing,  respectively,  the  extreme  low  level  and  the 
extreme  high  level.  These  extremes,  however,  in  the  opinion  of  the 
commission,  will  be  reached  only  in  years  of  excessive  drought  and 
of  excessive  precipitation.  The  commission  also  contemplates  that  in 
extreme  low  water  years  the  water  of  the  lake  may  be  drawn  below 
1,056,  but  only  with  its  approval  and  upon  such  terms  at  it  may  im- 
pose. The  commission,  as  stated  in  this  report,  also  considers  that 
with  proper  storage  and  after  experience  has  l>een  gained  in  regula- 
tion, the  ordinary  maximum  level  of  1,061.25  may  he  slightly  in- 
creased. 

Question  II.  The  commission  answers  that  the  ordinary  maxiinum 
level  of  1,061.25,  which  it  recommends,  is  2.28  feet  higher  than  the 
computed  normal  or  natural  level  of  the  lake.  Considering  not  only 
the  low  lands  actually  overflowed  on  the  southern  border  of  the  Lake 
of  the  Woods  or  elsewhere  on  its  border,  but  also  the  lands  injuriously 
affected  above  the  recommended  ordinary  maximum  level  through 
occasional  flooding,  wind  effects,  and  .seepage,  the  commission  has 
concluded  that  flowage  should  be  obtained  up  to  contour  1,064,  sea 
level  datum.  The  commission  therefore  finds  that  the  areas,  with 
values  as  at  December  81,  1915,  for  which  flowage  rights  should  be 
obtained,  are  as  follows : 

UnlUHl  SUtM,  28,068  acres,  value  $108,967.  or  Mgr fltitM 

C'anada,  40,792  acres,  value  $80,877,  or  aay .      SL,iOO 

The  commission  estimate's  that  the  cost  should  noi  icxd  $116,000 
for  the  following: 

(1)  The  removal  of  buildings  and  ounpaoattion  for  loss  of  high 
land  by  erosion  along  the  south  shore  of  the  lake  in  llinneaota. 

(2)  The  necessary  protection  of  the  town  of  Wairoad,  including 
town  lots  submerged  or  injuriously  affeoled. 


40  FINAL  REPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

(3)  The  necessary  protection  along  water  front  in  vicinity  of 
Baudette,  Minnesota,  and  Rainy  River,  Ontario. 

About  $5,000  of  this  estimate  is  for  protection  on  the  Canadian  side 
of  the  boundary  at  and  near  Rainy  River;  the  balance,  $110,000,  is 
for  lands  and  protective  works  in  Minnesota. 

Question  III.  The  commission  answers  that  it  is  both  possible  and 
advisable  to  regulate  the  volume,  use,  and  outflow  of  the  waters  of  the 
Lake  of  the  Woods,  as  well  as  to  insure  the  adequate  protection  and 
development  of  all  the  interests  involved  on  both  sides  of  the  bound- 
ary, in  the  following  manner : 

(1)  By  increasing  the  outflow  capacity  of  the  Lake  of  the  Woods 
to  47,000  c.  f.  8.  at  a  stage  of  1,061,  sea  level  datum,  costing  about 
$175,000;  and  by  compensating  interests  at  the  outlets  and  on  the 
Winnipeg  River,  involving  about  $25,000  and  $30,000,  respectively. 
The  Norman  Dam  in  the  Winnipeg  River  should  be  used  for  regu- 
lating purposes,  and  the  cost  of  securing  such  use  will  have  to  be 
included.  Should  it  be  used  for  power  as  well  as  regulating  pui-- 
poses,  then  the  necessary  additional  waste-way  capacity  will  cost 
about  $60,000. 

(2)  By  taking  advantage  of  the  existing  reservoir  capacity  of 
something  over  100  billion  cubic  feet  on  Rainy  Lake  and  the  lakes, 
immediately  above  Kettle  Falla 

(3)  By  enlarging  these  reservoirs  as  soon  as  the  demands  for 
power  warrant,  so  as  to  be  able  to  store  an  additional  45  billion  cubic 
feet — the  cost  of  which  Ls  difficult  to  estimate  at  the  present  time. 

(4)  By  international  control  of  all  dams  and  regulating  works  ex- 
tending across  the  international  boundary,  also  the  dam  at  Kettle 
Falls  in  the  Canadian  channel,  and,  when  the  level  rises  above  1,061 
or  falla  below  1,056,  sea  level  datum,  the  dams  and  regulating  works 
at  the  outlets  of  the  Lake  of  the  Woods. 


Vni.— DISCUSSION  OF  FACTS  AND  CIECUMSTANCES  IN  SUPPOBT 
OF  BECOMMENDATIONS. 

QUESTION  ONE. 

The  first  question  of  the  official  reference  deals  with  the  desira- 
bility and  practicability  of  regulating  the  level  of  the  Lake  of  the 
Woods  for  the  purposes  stated  in  the  reference. 

Numerous  and  diverse  interests,  both  large  and  small,  are  in  vary- 
ing degrees  dependent  upon  these  waters.  Navigation,  agriculture, 
logging  and  lumbering,  fishing,  summer  outing,  water  supply  and 
sewage  disposal,  water-power  development,  and  manufacturing  may 
here  be  mentioned  as  the  chief  interests  which  must  receive  consid- 
eration. 

UBiforaicTcir.ari.      Regulation  of  the  level  of  the  Lake  of  the  Woods 
form  oBtioH.  may,  broadly  speaking,  have  in  view  two  objects: 

1.  To  secure  as  nearly  uniform  lake  levels  as  possible  through  a 
period  of  years,  irrespective  of  the  effect  of  such  regulation  on  the 
outflow. 

2.  To  secure  as  nearly  uniform  outflow  from  the  lake  M  ponible, 
with  only  such  incidental  equalization  of  levels  as  is  coiHiiiflMit  with 
this  object. 

Both  imiform  level  and  uniform  outflow  could  Iv  obtained  only 
if  the  inflow  into  the  Lake  of  the  Woods  could  be  completely 
equalized.  Since  physical  limitations  are  such  that  a  large  portion 
of  this  inflow  must  always  remain  uncontrolled,  both  unifonn  lerel 
and  uniform  outflow  can  not  be  secured. 

Any  method  of  regulation  which  aims  to  secure  either  unifonn 
level  or  unifonn  outflow,  or  any  combination  of  the  two,  will  affect 
the  various  interests  involved  in  different  ways.  No  single  method 
or  combination  of  methods  of  regulation  will  be  dmmA  advantageous 
to  all  of  the  several  interests,  cwisequently  ^Uhe  most  advantegMmt 
UHe ''  of  the  waters,  shores,  and  harbors  of  the  lake  and  of  the  watan 
flowing  into  and  from  tlie  lake  must  be  considered  to  be  that  fepre> 
sonting  the  maximum  aggregate  advantage  to  all  inieresU  involved. 

Riparian  Umdt, 

The  most  desirable  level   for  the  agrieulturnl   intcr<»sts  around 

ii*i«uti*a  .ffHia*  thr  I>nke  of  the  Woods  is  a  low  lovol.    Thcee  interaili 

t\9%Hmm  um*».  q^^  ^^^  (lirootly  oQiMamed  eitlier  in  the  ontHow  or 

in  tho  fluctuation  in  lake  level,  ao  long  as  the  ht^iest  level  to  whieh 

the  lake  is  permitted  to  rin  it  a  low  oM.   If  tin  ontifli  were  tnlaried 

41 


42  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

with  a  view  to  lowering  the  lake  as  much  below  its  natural  level  as 
practicable,  only  about  5,000  acres  of  additional  United  States  land 
would  become  available  for  use.  Much  of  this  land  is  covered  with 
more  than  a  foot  of  peat  Aegetation.  The  cost  of  so  lowering  the 
lake,  considering  only  the  required  enlargement  of  the  outlets  and 
additional  dredging  in  tlie  harbors  on  the  United  States  side,  would 
be  equivalent  to  more  than  $60  for  every  acre  of  land  reclaimed. 

Maintaining  the  lake  at  a  low  level  is  clearly  uneconomical,  even 
from  the  viewpoint  of  the  agricultural  interests;  and  when  the  other 
interests  involved  are  considered,  it  becomes  apparent  that,  looking 
to  the  uses  that  will  procure  the  best  results,  riparian  lands  are  more 
valuable  for  flowage  purposes  than  for  agricultural  purposes.  When 
compensation  is  allowed  for  the  right  of  flowage,  and  eroding  banks 
are  protected,  agricultural  and  other  riparian  interests  around  the 
lake  are,  within  reasonable  limits,  about  as  well  served  by  one  level 
as  by  another. 
While  the  riparian  owners  on  the  lake  are  affected  by  the  levels 

proposed,  riparian  owners  on  the  Winnipeg  River  are 
iMdriioi'D^luu."**^®*^*®*^  ^y  *^®  proposed  rates  of  discharging  flood 

water.  A  fair  basis  from  which  to  measure  compen- 
sation to  these  interests  would  be  ordinary  high-water  mark  under 
natural  conditions.  The  improvements  on  these  riparian  lands  con- 
sist primarily  of  docks,  boathouses,  and  cottages  built  during  low- 
water  years.  Many  of  these  structures  are  below  natural  high-water 
mark.  However,  if  full  compensation  is  paid  for  the  necessary  re- 
modeling of  structures  and  flowage  over  improved  agricultural  lands, 
the  total  cost  would  be  about  $30,000.  The  cost  of  these  flowage 
rij^hts  would  be  independent  of  the  level  adopted  for  the  lake. 

Navigation  and  Iv/mhering  interests. 

Navigation  on  the  Lake  of  the  Woods  consists  principally  of  the 
towing  of  logs  and  the  transportation  of  freight  and 

Draft  of  boati.  ^  ,^^  ,  ,.        ,,         -^^      .       ^     ■, 

passengers  by  steam  and  gasoline  boats.  Most  of  the 
gasoline  boats  are  of  relatively  light  draft,  requiring  from  2^  to  4 
feet  of  water.  Most  of  the  steamboats  vary  in  draft  from  about  4 
to  6  feet,  a  few  of  the  larger  boats  being  reported  as  drawing  from  8 
to  10  feet  of  water.* 

The  effect  of  various  levels  on  the  navigation  and  the  summer- 
Korth-skore  snm-    resort  interests,  in  the  vicinity  of  Kenora,  is  in  a  large 
merresorta.  measure  determined  by  the  depths  in  the  various 

navigation  channels  and  harbors  of  the  lake,  by  the  available  depths 
of  water  leading  into  the  boathouses,  and  by  the  elevation  of  the  boat- 
house  floors  and  the  tops  of  docks.  Information  relating  to  boat- 
houses  and  docks  is  summarized  in  the  frequency  curves  of  plates  141 

*  See  appendix  to  this  report,  p.  235  et  seq. 


Plat«  9. 


UiaU  WATER  AT  FORT  FRANCBtf. 


FINAL  BEPOBT  OF   THE  INTERNATIONAL  JOINT  COMMISSION.         43 

r 

and  142,  report  of  consulting  engineers,  and  the  detailed  data  are 
filed  in  the  offices  of  the  commission.  It  appears  from  these  curves 
that  the  tops  of  all  docks  in  the  vicinity  of  Kenora  and  Keewatin  are 
at  or  above  an  elevation  of  1,061,  sea-level  datum,  and  that  the  boat- 
house  floors  are  all  above  an  elevation  of  1,059.5,  over  90  per  cent  of 
them  being  above  1,061.  Only  about  60  per  cent  of  both  docks  and 
boathouse  floors,  however,  are  above  elevation  1,062. 

The  lumbering  interests  are  affected  by  the  levels  of  the  Lake  of 
LBMberiBff  oper«-  the  Woods  mainly  in  so  far  as  the  stage  of  the  lake 
t'o"*-  has  a  bearii. LT  on  the  facility  with  which  logs  can 

t>e  taken  out  of  the  various  bays  and  inlets,  and  then  towed  across 
the  lake  and  hoisted  into  the  mills  by  means  of  jack  ladders.  In  low 
water  the  towing  channels  become  narrower  and  more  difficult  of 
navigation  with  log  booms,  through  the  protrudence  of  reefs  above 
the  water  surface.  The  cost  of  handling  logs  in  the  log  ponds  of  the 
mills  is  also  increased.^ 

Low  stages,  that  is,  stages  below  about  1,058,  will  also  require 
additional  dredging  in  harbors  and  navigation  chan- 
nels in  various  portions  of  the  lake.  At  the  hearing 
in  January,  1914,  in  Washington,  Colonel  Charles  L.  Potter,  United 
States  Army,  in  charge  of  the  district  which  includes  the  United 
States  portion  of  the  Lake  of  the  Woods,  testified  that  the  cost  of 
dredging  the  harbors  of  Zippel  and  Warroad  was  $9,600  per  fool 
increase  in  depth.' 

At  the  public  hearings,  1916,  Mr.  W.  J.  Stewart,  chief  hydrog- 
TMtiMoay  reffmrdiac  rapher,  spcakiug   for  the  Dominion   Government, 
dfiirabu  UTeu.  stated  that  an  occasional  low  level  of  1,056  could  be 

accepted  and  that  an  ordinary  level  of  1,060.5  would  be  desirable  for 
the  navigation  interests,  but  that  1,061.0  was  not  objectionable,  except 
in  so  far  us  it  might  make  it  difficult  to  prevent  the  lake  from  exceed- 
ing 1,062.5  in  seasons  of  extreme  flood.* 

This  statement  was  ba.se<l  on  an  assumed  outilow  capacity  of  40,000 
c.  f.  s.,  and  later  through  counsel  for  the  Dominion  GovemnMnt 
Mr.  Stewart  reconunonded  1,061  as  tlie  *'si)illing  point."* 

The  commission  has  recommended  an  outflow  capacity  of  A7fiOO 
c  f .  8.  to  guard  against  the  cxtrtMue  high  stage  mentioned,  coPie 
(]uently  the  recommended  ordinary  niaxiniuni  level  of  1,061^  would 
meet  the  navigation  requirements  of  the  Dominion  Govenunent. 
Counsel  for  the  Ontario  Government  rtMiuestod  that  the  minimum  be 
set  at  1,066.' 


«  KurtlMr  llibllc  lUmrlovi.  Kpnoni.  OaUrlo.  H«ptMnlwr.  101  A.  i>|>.  40«.  431.  434,  Ml. 
■tno. 

•llMrtni*  and  ArKamcntH.  Uniilor  Wlnnlp«K  Wntrr  DUlrWl.  W«*liltt<ia<i.  Umtmrt, 
in  14.  p.  (U>. 

•Final  I'liMIc  llMrlu«a.  Wluulprs.  bVUiuary.  lOie.  |>.  43^. 

« Final  ArKtiincnit.  Waahlnitlon.  April.   1010.  p.  3&'i. 

•M«ni.   p.   aSO. 


44  FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

Mr.  Thomas  it.  Deacon,  speaking  for  the  summer  resort  interests, 
.stated  that  a  range  of  levels  between  1,061  and  1,058  would  be  satis- 
factory to  these  interests.^ 

Major  E.  D,  Peek,  in  charge  of  navigation  improvements  chi  the 
United  States  side  of  the  lake,  stated  that  a  range  of  levels  between 
4  and  7  feet  on  the  Warroad  gauge,  or  1,057.6  to  1,060.6,  was  satis- 
factory to  his  Government.* 

Navigation  interests  on  the  Winnipeg  River  between  Kenora  and 
NaTifau«>  b«i»w  Minaki  are  affected  by  fluctuations  in  the  outflo>Y 
oaUeu.  from  the  lake.    In  view  of  the  fact  that  at  low  water 

there  is  less  fall  and  hence  less  current  at  The  Dalles  than  at  high 
water,  moderately  low  rates  of  outflow  from  the  Lake  of  the  Woods 
are  more  favorable  for  navigation  on  that  portion  of  the  Winnipeg; 
River  than  high  rates.  Very  low  rates  of  discharge,  however,  are 
unfavorable  to  navigation  of  the  river  immediately  below  the  outlets 
of  the  lake.  It  follows  then  that  any  regulation  of  levels  and  outflow 
which  results  in  either  very  low  or  very  high  rates  of  outflow  from 
the  lake  is  detrimental  to  the  navigation  interests  on  the  AVinnipeg 
River  below  the  outlets  of  the  lake. 

The  recommended  ordinary  maximum  level  of  1,061.25  is  not  so  high 

BeutioBofvrofotei  **  ^  seriously  affect  the  boathouses  and  docks  in 
regaution  to  naTig*.  the  northem  portion  of  the  lake,  nor  the  docks  and 
(ion  requiremetiu  breakwaters  in  the  southern  portion.  The  recom- 
mended regulation  would  also  result  in  a  fairly  uniform  level.  Only 
during  rare  periods  of  successive  dry  years  would  the  level  fall  below 
1 ,058.  Perhaps  once  in  20  years,  during  a  period  of  extreme  drought, 
navigation  would  be  handicapped  somewhat,  but  the  low  level  of 
1,056  is  still  about  3  feet  higher  than  the  extreme  low-water  stage 
which  would  have  been  reached  under  natural  conditions  during  the 
past  24  years. 

Under  the  recommended  regulation  of  outflow,  the  stages  on  the 
Winnipeg  River  below  the  outlets  of  the  lake  would  also  be  more 
favorable  than  those  which  would  prevail  under  natural  conditions, 
except  possibly  in  time  of  extreme  flood  if  sufficient  foresight  is  not 
exercised  in  providing  storage  capacity  on  the  lake  for  flood  inflows. 

The  existing  ordinary  high  water  of  about  1,061  is  the  outcome  of 
the  regulation  of  the  Norman  Dam  by  the  government  of  the  province 
of  Ontario  for  the  benefit  of  navigation;  and,  moreover,  navigation 
uses  under  the  treaty  rank  before  all  other  uses,  except  domestic  and 
sanitary  uses.  The  protection  and  development  of  navigation  are 
functions  of  the  Governments  of  the  United  States  and  the  Dominion 
of  Canada,  and  neither  protested  against  the  increased  levels  brought 
about  by  the  necessary  regulating  operations  of  the  Norman  Dam. 

1  Final  Public  Hearings,  Winnipeg,  February,  1916,  pp.  230,  235. 
'Farther  Public   Hearings,   Warroad,   Minn.,   September,   1916,   p.   39. 


FINAL  BEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION.  45 

On  the  contrary,  ttie  Government  of  the  United  States  in  1905  was 
seeking  to  maintain  the  minimum  level  at  about  1,060.8. 

If  the  regulation  now  recommended  had  in  view  merely  the  main- 
tenance of  a  stage  favorable  to  navigation  interests  this  could  best 
be  accomplished  by  acquiring  flowage  rights  around  the  Lake  of  the 
Woods  to  contour  1,062  and  providing  the  necessary  regulating  works. 
It  would  cost  less  to  buy  flowage  rights  around  the  lake  than  to 
enlarge  the  outlets  and  to  buy  flowage  lights  on  the  Winnipeg  River 
below  the  outlets  with  the  object  of  maintaining  the  level  of  the 
lake  at  natural  ordinary  hi^h-water  mark.  In  the  former  case, 
however,  substantially  no  bank  protecti(Mi  would  be  required,  as  the 
lake  could  be  held  at  an  ordinary  maximum  level  of  about  1060 
during  the  navigation  season  and  lower  at  other  times. 

The  most  desirable  level  for  the  fishing  interests  is  a  fairly  uni- 
form level.  The  testimony  of  Mr.  Paul  Marschalk,* 
representing  the  United  States  fishermen,  Mr.  Arthur 
Johnson,*  representing  the  Canadian  fishermen,  and  Prof.  Edward 
E.  Prince,'  Dominion  Commissioner  of  Fisheries,  is  in  full  accord  in 
this  respect.  A  large  and  rapid  drop  in  stage  in  a  single  season  is 
particularly  undesirable.  The  proposed  regulation  successfully  pre- 
vents this. 

Mr.  Paul  Marschnlk  gave  evidence  to  the  effect  tliat  high  levels, 
such  as  prevailed  in  1905  for  example,  when  the  stage  was  above 
1062  for  over  a  month,  are  detrimental  to  the  fishing  interests  in  the 
.•shallower  southerly  portion  of  the  lake,  known  as  the  "  Big  TrmTwee.*** 
Apparently  this  is  due  to  an  increased  disintegration  of  the  pettbogs 
along  the  south  shore  of  the  lake  through  wave  action.  The  vegeta- 
ble matter  is  scattered  far  out  into  the  lake,  making  the  water  dark 
in  color  and  unfit  to  drink.  The  recommended  level  should  some 
what  improve  this  condition  as  flood  water  stages  would  be  lower 
and  would  occur  less  frequently  than  under  the  past  control.  The 
prevailing  stage  would  be  considerably  higlier  than  under  natural 
conditions,  but  the  annual  fluctuation  in  level  would  be  lees  than 
both  under  natural  conditions  and  under  paat  control. 

(he  of  th4  Lake  of  the  Wood*  for  domestie  and  muutary  purpoatt. 


So  fnr  ns  the  use  of  the  waters  of  the  L«ke  of  the  Woods  for  d( 
■•utio.  or  r*tm\t^  ^'^  ^^^  sanitary  purpoMt  is  oonoemed,  the  in( 
lua  u  wi«*i»«>i  M«o-  primarily  affected  at  the  present  tinM  are  the  Graatar 
^^  Winnipeg  Watar  District  and  Um  town  of  Warmad. 

The  (irenter  Winni|M.*g  Water  District  i.s  at  present  oonstructing  an 
aiiueduct  from  Indian  Bi^  on  Shoal  Lake  as  pait  of  a  gravity 

*r«rUu>r  Public  tlMirli««,  WarroMt.  Mlaa..  SvplMitar.  iSlft.  p.  IM. 
•Purlhrr  Public  llmrloga.  Krnora.  Dnurlo.  S4>p|«>«b«r.  laia.  p.  4IS. 
•Ihirthrr   IMbllr   II««irti)tii.   W«rrMid,  MiMk.  S>pl— M».  MtS^  p^  STa 
•  Public   HfurlDr*.  Wnrron.l.  Minn.  aifU^tll.  Itlt.  p.  tt :  Itia  %  IM. 


46  FINAL  EEPOKT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

water  supply  for  the  city  of  Winnipeg  and  its  suburbs.  This  diver- 
sion of  water  from  Shoal  Lake  and  the  Lake  of  the  Woods  for  domes- 
tic and  sanitary  purposes  was  authorized  by  this  commission  on 
January  14,  1914,  with  the  following  reservation: 

That  the  present  permission  and  order  shall  not  be  invoked  or  relied  ujK)n  in 
any  manner  against  the  recommendations  or  reiwrt  to  be  made  by  the  commis- 
sion on  the  reference  to  it  respecting  the  levels  of  the  Lake  of  the  Woods  and 
shall  in  no  way  interfere  with  the  action  of  the  commission  in  that  regard. 

The  bottom  of  the  aqueduct  at  the  intake  is  at  elevation  1,050.82, 
sea  level  datum.  In  order  to  be  able  to  draw  the  contemplated 
85,000,000  imperial  gallons  per  day,  or  158  c.  f.  s.  from  Shoal  Lake, 
it  will  be  necessary  for  the  level  of  this  lake  to  be  at  an  elevation  of 
not  less  than  1,068,  sea  level  datum.  Under  natural  conditions,  how- 
ever, the  level  of  the  Lake  of  the  Woods  would  have  dropped  very 
much  lower,  and  the  level  of  Shoal  Lake  could  have  dropped  to  about 
1,055.  The  interests  of  the  city  of  Winnipeg  would  be  served  by  a 
high  level.  Shoal  Lake,  however,  may  be  maintained  at  any  desir- 
able level  by  the  construction  of  a  dam  at  the  outlet  at  Ash  Rapids, 
or  water  can  be  pumped  into  the  aqueduct  in  case  of  low  stages  in 
the  future. 

The  interests  of  the  town  of  Warroad  in  the  use  of  the  waters  of 

Keution  of  rcfuia-  *^®  Lake  of  the  Woods  for  domestic  and  sanitary 
(Ion  to  Warroad  mw>  purposcs  would  appear  to  be  primarily  the  use  of 
erage  tad  drtiBafe.  ^^^^  hody  of  Water  for  the  purposes  of  drainage  and 
of  sewage  disposal.  As  the  general  elevation  of  the  ground  upon 
which  the  town  of  Warroad  is  built  is  only  between  1,066  and  1,068, 
sea  level  datum,  it  is  evident  that  the  outlet  of  a  gravity  discharge 
system  of  sewerage  could  not  possibly  be  placed  above  even  ordinary 
high  water  in  a  state  of  nature  without  raising  the  house  connections 
of  the  sewers  above  the  bottom  of  the  cellars  and  above  the  frost 
line.  Even  under  the  natural  regimen  of  lake  levels,  then,  it  would 
have  been  necessary  for  the  town  of  Warroad  to  install  some  form  of 
sewage  lift  for  use  during  high  water. 

A  detailed  report  w^as  made  on  this  subject  by  Mr.  L.  P.  Wolff, 
consulting  engineer,^  arid  by  the  Minnesota  State  Board  of  Health. 
On  the  basis  of  these  reports  the  commission  estimates  the  present 
capitalized  value  of  the  increased  cost  of  maintaining  and  operating 
an  adequate  sewerage  system  in  Warroad  un^er  the  proposed  regu- 
lation to  be  about  $12,600. 

Water  power  at  outlets  of  lake. 

The  fall  at  the  outlet  of  the  Lake  of  the  Woods  varies  both  with 

Host  desirable  co«-  lake  level  and  with  outflow.     An  increase  in  lake 

diUoM.  stage  produces  a  corresponding  increase  in  fall.    The 

available  head,  however,  varies  inversely  as  the  outflow — that  is,  the 

1  Final  Pablic  Hearings,  Winnipeg,  February,  1916,  p.  287. 


Plate  10. 


0,  MUNICIPAL  TPLANT,  KENORA. 


6,  CONTROL   DAM,  PINAWA  CHANNEL, 


FINAL  EEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.  47 

greater  the  outflow  the  less  the  head,  because  of  the  rise  in  tail-water 
level,  which  accompanies  increased  outflow.  The  most  desirable  con- 
dition for  the  water  powers  at  the  outlets  of  the  lake  would  be  to 
have  both  a  high  uniform  level  and  a  uniform  outflow.  It  being  im- 
possible, as  stated  before,  to  obtain  both  of  these  results  at  the  same 
time,  the  most  advantageous  conditions  can  only  be  determined  by 
weighing  the  advantages  and  disadvantages  resulting  from  different 
systems  of  regulation. 
The  recommended  system  of  regulation  will  give  a  lake  stage  which 
condiuons  Older  avcragcs  Substantially  3  feet  higher  than  that  which 
resaikUoB.  would  prevail  under  natural  conditions,  consequently 

tlie  available  head  at  the  outlets  is  very  materially  increased.  More- 
over the  extreme  low  lake  level  under  regulation  will  be  at  least  3  or  4 
feet  higher  than  under  natural  conditions,  although  it  will  be  some- 
what lower  than  the  low-water  stage  of  1911,  and  lower  than  is  ad- 
vantageous for  these  plants.  Only  in  times  of  extreme  flood  when 
water  may  need  to  be  discharged  more  rapidly  than  it  would  under 
natural  conditions  would  the  water-power  interests  at  the  outlets 
enjoy  less  favorable  conditions  than  those  which  prevailed  in  a  state 
of  nature.  These  possible  high  rates  of  discharge  may  never  become 
necessary  if  good  foresight  is  exercised  in  the  matter  of  providing 
storage  capacity  for  exceptional  flood  inflow  into  the  lake. 

Although  the  power  interests  at  the  outlets  may  feel  that  the  pro- 
posed regulation  is  less  favorable  than  tlie  conditions  w^hich  they  have 
enjoyed  during  the  past  10  years,  this  may  be  regarded  as  no  serious 
objection  against  sucli  regulation  because  these  interests  have  enjoyed 
advantages  that  can  not  possibly  prevail  in  the  future  unless  all  other 
interests  are  to  be  sacriflccd  in  their  behalf.'  The  interests  at  the 
outlets  have  enjoyed  both  high  lake  levels,  i.  e.,  high  head  and  all  the 
water  they  required.  This  was  possible  only  because  the  water  powers 
on  the  Winnipeg  River  did.  not  require  even  the  natural  low-waier 
flow,  and  because  only  a  .small  part  of  the  available  water  was  being 
used  at  the  outlets  thcnisolves.  Moreover,  the  fact  that  the  abnor- 
mally favorable  conditions  wiiich  these  powers  had  enjoyed  for  a 
number  of  years  could  not  prevail  indeflnitely  was  emphaaiied  by  tlie 
flood  of  191(>.  A  consideration  of  all  facts  in  the  situation  leads  to 
the  conclusion  that  the  water- i>ower  interests  at  Uie  outlets  will  be 
better  served  by  the  proposed  regulation  than  in  any  other  way,  pro- 
vided no  portion  of  the  cost  of  ]>roviding  this  regulation  it  UMind 
against  them.  Certainly  if  the  plants  are  protected  agauMi  high  tail* 
water  levels  and  an  additional  turbine  unit  is  installed  at  Kflnont  to 
furnish  additional  power  at  times  of  flood  discharge  from  the  lake, 
and  during  the  rare  periods  of  extreme  drought  when  the  lakt  may 
need  to  be  drawn  down  to  1,066  in  order  to  maintain  e  mtkhidborj 

>  ■«9*rt  or  OoMOlUac  BattsMra  (MA)*  9>  ttl. 


48  PINAL  REPOET  OP  THE  INTEBNATIONAL  JOINT  COMMISSION. 

rate  of  outflow  in  the  interest  of  power  development  on  the  Winnipeg 
River,  these  water  powers  will  be  taken  care  of. 

Navigation  and  power  vntereaU  on  lower  Rainy  River. 

High  levels  on  the  Lake  of  the  Woods  and  moderately  high  rates  of 
discharge  in  Rainy  River  both  tend  to  improve  navigation  through 
the  Long  Sault  Rapids.^  Only  the  construction  of  a  dam  at  the  Long 
Sault,  however,  will  improve  navigation  through  the  Manitou 
Rapids.'  The  fall  at  the  latter  rapids  increases  with  increasing  stage, 
making  them  dangerous  to  navigation  at  high  water. 

The  municipalities  on  the  Canadian  side  of  the  Rainy  River  filed 
resolutions  with  the  commission  in  1916  recommending  the  construc- 
tion of  locks  at  Kettle  Falls,  Fort  Frances,  and  the  Long  Sault  Rap- 
ids, with  the  object  of  providing  a  navigable  waterway  from  the  Lake 
of  the  Woods  to  the  Namakan  River,  a  distance  of  about  250  miles. 
This  would  involve  a  dam  at  the  Long  Sault  and  the  completion  of 
the  lock  at  Fort  Frances,  the  title  to  which  it  is  understood  has  been 
retained  for  public  use  by  Canada,  as  well  as  the  building  of  a  lock 
in  connection  with  the  Kettle  Falls  Dam.  Although  neither  present 
nor  reasonably  prospective  navigation  requirements  warrant  this 
expense,  nevertheless  provision  should  be  made  for  the  possible 
future  construction  of  navigation  locks  in  connection  with  all  dams 
authorized  in  boundary  waters. 

The  available  fall  at  the  Long  Sault  Rapids  is  small  and  varies 
with  the  level  of  the  Lake  of  the  Woods,  but  through  proper  cooper- 
ation with  the  International  Falls- Fort  Frances  plant  so  as  to  permit 
some  additional  backwater  at  the  latter  plant  a  10  to  12  foot  power 
development  at  the  rapids  would  appear  reasonably  feasible.  Such 
a  development  would  produce  an  average  of  about  9,000  horsepower. 
The  cost  of  construction  would  be  rather  high,  and  if  a  large  navi- 
gation lock  is  required  it  would  probably  be  prohibitive.  It  might, 
however,  be  possible  to  interest  private  capital  in  the  improvement 
if  only  a  small  lock  for  gasoline  boats  is  required.  If  provision  is  to 
be  made  for  through  navigation  by  boats  of  greater  tonnage,  a  large 
lock  is  necessary. 

Water-power  interests  on  the  Winnipeg  River. 

On  the  Winnipeg  River,  between  the  Lake  of  the  Woods  and  Lake 

Beriutioii  win  Winnipeg,  there  are  two  large  water-power  plants 

fre«ti7  inereMe  potcn-  in  Operation,  another  is  under  construction,  and  a 

power.        number  of  additional  desirable  water-power  sites  are 

available,  aggregating  about  310  feet  of  total  utilizable  fall.     (See 

*Beport  of  Consulting  Engineers  (pUtes),  plate  148. 
■Idem,  plate  144,   (text)   pUte  TT. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  OOMMISaON.         49 

"Watershed  map.)  A  regulated  flow  of  12,000  c.  f.  s.  falling  through 
310  feet  at  80  per  cent  efficiency  represents  338,000  horsepower.  The 
natural  low- water  outflow  is  about  7,000  c.  f.  s.,  and  in  1911  and  191-2, 
while  an  effort  was  being  made  under  present  control  to  prevent  tlie 
lake  from  falling  to  a  very  low  stage,  the  actual  low-water  outflow 
was  reduced  to  less  than  0,000  c.  f.  s.  for  nearly  a  year.  This  low 
flow  was  more  than  the  power  plants  on  the  Winnipeg  River  required, 
because  they  were  carrying  a  light  load  at  that  time.  The  demand 
for  power  has  so  increased,  however,  that  even  to-day  such  a  low 
outflow  would  result  in  serious  loss  to  the  down-river  plants.  If, 
through  regulation  of  the  outflow  from  the  Lake  of  the  Woods  the 
])otentiaI  primary  water  power  on  the  Winnipeg  River  can  be  in- 
creased by  over  150,000  horsepower  at  a  reasonable  expense,  the 
desirability  of  such  regulation  is  apparent  As  soon  as  the  market 
has  expanded  sufficiently  to  absorb  this  increased  water  power  its 
value  will  greatly  exceed  the  value  of  the  lands  which  will  be 
required  for  flowage  purposes.  The  commiasioa  believes  that  all 
necessary  rights  should  be  acquired  at  the  present  time,  so  that  all 
interests  concerned  may  know  the  ordinary  stage  at  which  it  is 
proposed  to  hold  the  lake  and  the  highest  contour  to  which  danuge 
may  possibly  extend  at  some  time  in  the  future  under  uuprecedealed 
cx)ndition8  of  rainfall  and  run-off. 

How  propoMd  reguloHon  affeeU  woiioiii  imimxiU, 

In  the  preceding  pngcs  the  kind  of  regulation  favorable  to  the 
several  interests  using  the  waters  of  the  Lake  of 
rr«»«fed  r.fiii.ti..  fhe  Woods  and  its  shores  and  harbors  has  been 
ug  r^airracBU.       briefly  olMUMed.    ErldeAtiy/  tliere  is  conaidenble 
conflict  bet^««ea  thft  requirements  of  these  intereaCa. 
On  the  one  hand  are  the  navigation,  Ashing,  and  sumraer-reaort  inter- 
ests, which  desire  regulation  ta  sevtire  a  nniform  level,  and  on  the 
other  are  the  water-power  interests  on  the  Winnipeg  River,  which 
desire  regulation  to  secure  uniform  outflow,  necessitating  the  laifMt 
practicable  flactualion  in  levt«l.    The- ripmriMi  ownen  deaire  a  low 
level  and  the  water  powers- at  the  outlet*  fr-higti  level.    In  endeavor* 
iiig  to  reconcile  these  differencea,  so  far  as  practicable,  the  oommi*- 
sion  has  taken  n  position  betwMB  tbeae  extremea  and  recommeoda  a 
regulation  which  will  aiibeerve  aU  intecetia  Maaonably  well  and 
which,  so  far  aa  appears  practicable,  will  admit  of  the  moat  advan- 
tagiMMia  use  of  these  waters. 
The  annual  fluctuation  in  lake  level  which  would  result  from  the 
AsMAi  iMtMUMi  propos4>d  regulation,  together  with  the  annual  flao* 
^  ****^  tuatiun  whicli  prevailed  in  the  paat  and  thai  wlikh 

would  have  prevailed  if  the  ouUeta  of  the  laka  had  ranained  aa  in  a 
state  of  nature,  is  well  sliown  by  the  frequency  cnnrea  of  figure  9. 


50 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 


Apparently,  under  regulation,  the  lake  would  be  maintained  at  a 
distinctly  more  uniform  level  than  actually  prevailed  in  the  past  24 
3'ears  or  would  have  prevailed  during  the  same  period  under  natural 
conditions.  For  example,  under  regulation,  applied  under  the  hydro- 
logical  conditions  that  prevailed  during  the  past  24  years,  the  annual 
range  in  levels  would  have  been  less  than  2  feet  for  about  75  per  cent 
of  the  time,  whereas  it  actually  was  less  than  this  for  only  30  per 
cent  of  the  time,  and  under  natural  conditions  the  annual  range 
would  have  been  less  than  2  feet  for  only  17  per  cent  of  the  time. 


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ANNUAL  FLUCTUATION 

ACTUAL,  NATURAL  AND  REGULATED  LEVELS 

LAKE  OF  THE  WOODS 

FiG.Z 

The  seasonal  fluctuations  in  level  are  shown  in  figure  3.    Under 
8«M0BAi  iinetnatioiH  the  proposed  regulation  and  on  the  basis  of  the 
'■  ^"'^  hydrological  conditions  that  have  prevailed  during 

the  past  24  years,  there  would  be  less  than  2  feet  of  fluctuation  in 
every  season  between  June  1  and  October  1.  The  average  seasonal 
fluctuation  would  be  about  half  a  foot  as  against  an  average  fluctua- 
tion of  1.5  feet  under  natural  conditions  or  under  the  conditions  of 


FINAL  REPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 


51 


past  control.  It  is  further  evident  that  if  the  ordinary  rate  of  out- 
flow from  Rainy  Lake  is  10,000  c.  f.  s.  the  resulting  annual  and  sea- 
sonal fluctuation  of  the  Lake  of  the  Woods  is  materially  less  than 
if  the  ordinary  rate  of  outflow  from  that  lake  is  8,000  c.  f.  s. 
As  the  power  developments  on  the  Winnipeg  River  are  being  made 
with  a  view  to  utilizing  only  the  dependable  outflow 
from  the  Lake  of  the  Woods  and  without  provision 
for  auxiliary  steam  power  to  be  used  in  time  of  low  water,  it  is  evi- 
dent that  whichever  rate  of  discharge  from  the  lake  is  used  as  the 


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ACTUAL,  NATURAL  AND  REGULATED  LEVELS 
LAKE  OF  THE  WOODS 
FI4.3 

dependable  rate  upon  which  the  projects  are  based,  this  rate  must  be 
tmbstantially  maintained  in  the  future.  This  dependable  rate  may 
fairly  bo  based  upon  the  hydrological  conditions  which  liave  pre- 
vailed during  the  past  twenty-four  years,  but  it  is  unreasonable  to 
specify  an  inflexible  low- water  stage  below  which  the  lake  can  not  be 
drawn,  iiTespective  of  the  extraordinary  hydrological  conditions  that 
may  prevail. 

Ill  view  of  this,  the  commission  recommends  that  if  unpreetdaotod 
conditions  sliould  occur  in  the  future  the  lake  may  be  drawn  below 
1,056,  even  during  the  navigation  seaeon,  on  such  terms  and  condi- 
tious  as  it  may  impoM. 


52         VlJfAL  REPOET  OP  THE  INTBENATIONAL  JOINT  COMMISSION. 

The  recommended  ordinary  maximum  level  is  substantially  equal 
B«vii«uoa  iMir-     to  mean  high  water  of  the  past  24  years  as  shown 
**'*•  by  figure  1.    The  proposed  enlargement  of  the  outlets 

and  the  storage  of  water  on  the  upper  Rainy  watershed  will  greatly 
reduce  the  annual  fluctuation  in  lake  level,  as  shown  in  figures  2  and 
3,  in  the  interest  of  navigation,  fishing,  and  summer  outing,  and 
will  also  substantially  reduce  extreme  high  water  on  the  lake  for 
the  benefit  of  all  interests. 

The  proposed  draft  on  storage  will  pennit  of  greatly  increasing 
the  dependable  outflow  from  the  lake  in  the  interest  of  water-power 
development,  both  at  the  outlets  and  on  the  Winnipeg  River  below. 
The  commission  believes  that  with  adequate  provision  for  compen- 
sation and  protection  for  all  interests  injuriously  affected  the  pro- 
posed regulation  is  highly  practicable  and  desirable. 


IX.— QUESTION  TWO. 

The  second  question  of  the  reference  deals  with  the  amount  and 
value  of  the  land  which  will  be  submerged  at  the  recommended  level 
in  case  this  level  is  higher  than  the  "  normal  or  natural  level." 
Since  the  reference  originated  in  the  United  States,  it  is  reasonable 
HesBiBK  of  '<  Bor-  to  look  f or  indications  of  the  meaning  of  the  ex- 
■ai "  or " nmtuMi."  pression  "normal  or  natural  level"  in  the  official 
correspondence  out  of  which  the  reference  originated.  Both  the 
words  "  normal "  and  "  natural "  are  used  in  this  correspondence, 
and  the  word  "  natural "  is  also  used  in  the  treaty  itself.  The 
word  "natural"  is  used  with  only  one  meaning,  that  is,  signify- 
ing a  state  of  nature.  The  word  "  noimal "  is  used  as  synonymous 
with  the  word  "natural"  by  Colonel  Naff  in  1896,  when  he  said: 
"  *  *  *  the  present  stage  of  water  is  an  '  abnormal  one.' "  It 
was  used  in  1908  with  the  same  meaning  by  the  United  States  Array 
Engineers,  but  with  qualifying  phrases,  viz:  "The  normal  level  of 
the  lake  under  natural  conditions";  and  again,  "Above  its  normal 
level  as  existing  at  the  timr  they  located  there."  The  word  "  normal," 
when  referring  to  present  conditions  on  the  lake,  is  always  used  alone 
and  did  not  come  into  such  use  until  after  the  stage  to  which  it 
referred  had  become  the  ordinary,  normal  condition.    WTien  so  uaed. 


r 


it  referred  to  the  "  mean  level  of  the  lake  during  the  open  naaon/ 
or,  as  used  in  Canada,  "the  ordinary  simimer  level,"  and  ftotwdly 
represented  a  stage  of  about  1,060.5. 

The  United  States  Engineers  wlio  used  the  word  "normal"  when 
referring  to  a  stage  of  1,000.8  frequently  used  the  word  "naturml," 
but  always  with  the  same  significance,  viz:  the  condition  of  nature. 
Since  the  word  "natural"  was  never  usimI  in  any  otlier  mom  than 
as  signifj'ing  the  condition  of  nature,  and  since  the  word  **  normal " 
was  used  to  signify  both  natural  and  existing  conditions,  tlis  ex* 
pression  "  normal  or  natural  level "  can  not  fairly  be  interpreted 
U.S  meaning  any  other  level  than  that  which  prevailed  in  a  itele  of 
nature,  and  the  commission  has  so  constmed  it  There  is  good 
ground  for  concluding,  however,  that  the  normal  level  as  *"*^*f 
to-day  WHS  believed  to  l)e  the  natural  level  so  far  as  the  ordiiuirjr  higll 
stngeH  wtM'e  concerned. 

The  view  that  the  "  normal  "  level  of  to-day  is  also  the  **n«t«ir»l  ** 
level  of  the  take  prevailed  in  Canada  as  well  as  in  the  United  States 
The  Kolleruuy  Dam,  a  long  submerged  weir,  was  built  in  1887  with 


54         FINAL  REPOBT  OF  THE  INTEENATIONAL  JOINT  COMMISSION. 

the  avowed  purpose  of  raising  the  low-water  level  and,  as  a  matter 
of  fact,  as  it  existed  between  1892  and  1898,  it  raised  the  low  level 
about  3  feet  and  the  extreme  high  level  less  than  1  foot.  When  the 
Norman  Dam  was  placed  in  operation  in  1898,  it  very  evidently  was 
not  the  intention  to  raise  the  level  of  the  Lake  of  the  Woods  to  a 
stage  at  which  damage  would  be  inflicted  upon  riparian  owners. 
The  contract  between  the  Keewatin  Power  Company  and  the  Ontario 
Government  covering  the  control  of  the  dam  provided  that  the  water 
should  be  maintained  at  "  the  ordinary  summer  level." 

At  the  hearings  of  the  commission  in  Kenora  in  1912,  Mr.  T.  R. 
Deacon,  speaking  of  conditions  at  Warroad  at  a  lake  stage  of  about 
1,060.5  said,  "  *  *  *  I  do  not  think  that  any  land  should  be  over- 
flowed at  the  present  height  of  the  waters."  * 

Dr.  Schnarr,  who  came  to  Kenora  in  1887,  stated,  "We  want  to 
keep  the  lake  in  just  about  its  natural  condition.  We  contend  that  the 
lake  naturally  has  been  much  higher  than  it  is  now.  ♦  ♦  ♦  There 
is  no  question  of  doubt  that  any  lands  that  are  flooded  to-day  (lake 
level  about  1,060)  are  naturally  flooded,  and  have  been  from  time 
immemorial.  Any  lands  that  have  been  flooded  up  to  2  feet  above 
the  present  level  are  lands  that  are  oftener  flooded  than  not."  * 

Mr.  George  Drewry  stated,  "  We  were  interested  in  holding  the 
water  at  a  fixed  level,  and  that  level  is  what  we  term  the  old  normal 
level  before  there  were  any  dams  in  here  at  all." ' 

The  record  clearly  shows  that  the  United  States  was  uncertain  as 
to  whether  or  not  the  prevailing  stage  on  the  Lake  of  the  Woods 
exceeded  natural  ordinary  high-water  mark.  The  settlers  had  pro- 
tested against  alleged  flooding  of  their  lands  as  the  result  of  the  con- 
struction of  dams  at  the  outlets.  The  General  Land  Office  of  the 
Department  of  the  Literior  held  that  the  prevailing  stage  was  an  ab- 
normal one.  When  subdividing  the  Indian  lands  on  the  south  shore 
it  did  not  recognize  the  conditions  then  existing  as  being  permanent, 
or  the  meandered  shore  line  would  have  been  placed  near  the  water's 
edge  instead  of  in  places  more  than  a  mile  out  in  the  lake.  These 
surveyors  were  subdividing  land,  not  water.  The  Corps  of  Engineers 
of  the  War  Department,  as  represented  by  the  local  officials,  on  the 
other  hand,  claimed  that  no  records  were  available  from  which  to 
determine  the  natural  level  of  the  lake  and  that  the  stage  of  1,060.8 
which  they  desired  for  navigation  purposes  was  not  above  the  "  nor- 
mal "  level  of  the  lake,  but  was  actually  about  a  foot  below  the  exist- 
ing high-water  mark,  which,  it  was  believed,  had  not  been  changed 
through  the  operation  of  the  Norman  Dam ;  that  is,  they  believed  the 
"  normal "  level  to  be  the  "  natural  "  level. 

^Public  Hearings,  Kenora,  Ontario,  September,  1012,  p.  142. 
•  Idem,  p.  149. 
■Idem,  p.  165. 


Plate  U. 


ROCKS  SUOWINQ  HIOU-WATKR  MARK. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         55 

Since  the  United  States  did  not  know  what  the  natural  level  of  the 
lake  was.  it  was  unable  to  determine  the  merits  of  the  protests  of  the 
riparian  owners  or  the  justness  of  their  claims  for  injury  on  account 
of  prevailing  levels.  Moreover,  the  United  States  knew  that,  on  its 
own  side  at  least,  the  level  of  this  lake  could  not  be  maintained  for 
the  benefit  of  navigation  or  for  any  other  purpose,  above  ordinary 
high  water  under  natural  conditions,  without  compensating  riparian 
owners,  and  that  such  compensation  had  not  been  paid.  Nor  had  the 
United  States  at  any  time  taken  steps  to  maintain  the  lake  above 
what  it  believed  was  ordinary  high  water  under  natural  conditions. 

Naturally,  then^  the  United  States  would  want  to  know  whether 
the  recommended  level  was  higher  than  the  level  of  the  lake  under 
natural  conditions,  in  order  that  those  whose  lands  would  be  sub- 
merged might  receive  fair  compensation. 

If,  in  view  of  the  fact  that  the  United  States  engineers  in  1906, 
in  1908,  and  again  in  1911  told  their  Governments  what  the  normal 
level  under  existing  conditions  was,  viz:  7.2  feet  on  the  Warroad 
gauge,  the  United  States,  through  its  legal  representatives  who 
framed  the  reference,  meant  to  refer  to  the  "  normal "  level  under 
ixUtvng  conditions  instead  of  wnder  ncUural  conditions^  they  might 
be  expected  to  have  used  the  figure  given  them  by  their  engineers 
instead  of  the  uncertain  phrase  "  normal  or  natural  level." 

In  the  light  of  all  the  facts  and  circtimstanccs  the  commission  has 
concluded  that  the  two  (Tovernments  desire  to  know  whether  the 
recommended  level  is  higher  than  the  normal  level  under  natural 
conditions  and  has  answered  this  part  of  Qtiestion  II  in  the  affirma- 
tive. 

Having  .secured  information  through  public  hearings  in  September. 

PrevBiiiig  ut«u  1^12,  and  otherwise,  of  the  extent  to  which  the  waters 
aadfir  Mtarai  MB-  of  the  Lake  of  the  Woods  and  the  sliores  and  har- 
'"***■'•  bors  of  the  lake  and  the  waters  flowing  into  and 

from  the  lake  were  being  used  by  different  interests,  and  the  char- 
acter of  regulation  which  the  various  interests  denred,  together 
with  information  relating  to  the  questions  of  difference  which  have 
arisen  between  the  two  Governments  and  the  inhabitants  of  the  two 
countries  out  of  the  use  of  these  waters,  the  commission  authorised 
its  engineers  to  collect  such  further  data  and  make  such  (edinical 
investigations  as  were  required  as  the  basis  for  a  reply  to  the  qnet- 
tions  of  the  reference.  It  was  apparent  from  the  outset  that  riparisn 
owners  around  the  Lake  of  tlie  Woods  and  around  the  upper  rmer- 
voira,  which  it  was  anticipated  would  be  of  considerable  ser^Mce  in 
maintaining  any  proposed  level  on  the  Lake  of  the  Woods  or  in 
securing  equalization  of  outflow,  believed  that  the  letdt  of  the^r 
several  lakes  had.  for  a  nunil)er  of  years,  been  maintaintd  eoiMidar> 
ably  above  natunil  ordinury  high*water  mark  in  disregard  of  their 


66  FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

righte,  since  no  flowage  easement  had  been  acquired.  In  view  of 
this,  and  with  the  belief  that  the  two  Governments  desired  to  know 
all  the  "  facts  and  circumstances  of  the  particular  questions  and 
matters  referred  "  the  commission  authorized  its  engineers  to  secure 
all  data  necessary  to  a  determination^  if  possible,  of  the  level  of  the 
Lake  of  the  Woods,  of  Rainy  Lake,  and  of  the  lakes  above  Kettle 
Falls,  imder  natural  conditions. 

As  the  first  alterations  were  made  in  the  outlets  of  the  Lake  of  the 
Woods  about  30  years  ago.  it  is  not  surprisiing  that  no  actual  records 
of  observed  natural  levels  on  this  lake,  referred  to  a  preserved  datum, 
have  been  found.  Much  evidence  was  presented,  however,  by  old 
residents  around  the  lake,  and  valuable  physical  e%'idences  of  early 
prevailing  stages  were  found.  The  most  important  physical  evidence 
is  the  winding  channels  of  the  stream  where  they  enter  the  lake 
through  what  are  now  bays  or  inlets.^  These  channels  could  not  pos- 
sibly have  been  either  formed  or  maintained  at  the  lake  stages  that 
have  prevailed  during  the  last  24  years. 

After  collecting  all  available  data  in  cooperation  with  Canadian 
and  United  States  governmental  departments,  and  after  much 
study,  the  consulting  engineers  succeeded  in  computing  the  levels 
which  would  have  prevailed  on  the  Lake  of  the  Woods  during  the 
past  24  years  if  the  outlets  had  remained  as  in  a  state  of  nature. 
The  fundamental  data,  forming  the  basis  for  this  work,  are  all  pre- 
sented in  their  report.  These  data,  while  in  a  measure  conflicting, 
lent  themselves  well  to  a  thorough  analysis,  and  the  results  of  the 
computations  are  believed  to  be  entirely  reliable.  Good  records  were 
eventually  obtained  of  the  inflow  into  the  lake  and  of  the  outflow 
from  the  lake  from  October,  1892,  to  date.  The  relation  between  lake 
stage  and  outflow  was  determined,  and  from  these,  briefly  speaking, 
the  natural  levels  were  computed.  These  levels  are  given  in  Table 
73  and  on  Plates  114  to  125  of  the  engineers'  report.  No  exception 
was  taken  by  any  of  the  parties  in  interest  to  these  conclusions  of  the 
engineers.  They  are  in  accord  with  the  evidence  and  may  be  accepted 
as  fairly  representative  of  the  levels  which  would  prevail  under 
natural  conditions  on  the  Lake  of  the  Woods  during  any  other  period 
of  25  years. 

In  order  to  permit  full  consideration  of  the  advantages  and  disad- 
gwreyg  of  »iiore  Vantages  of  various  levels  and  systems  of  regulation, 
!»■*.  the  commission   authorized  its  engineers  to  make 

detailed  surveys  along  the  shore  of  the  Lake  of  the  Woods  between 
a  sufficiently  wide  range  of  levels  to  obtain  all  the  necessary  informa- 
tion for  a  proper  consideration  of  the  questions  involved,  and  as  a 
consequence  these  surveys  were  carried  on  between  contours  1,054 

^See  Report  of  Consulting  Engineera  (Atlas),  sheets  10,  14. 


FINAL  B£POBT  OF  THE  INTBENATIONAL  JOINT  COMMISSION.         57 

and  1,064,  extending  on  improved  lands  to  1,066.  The  engraved 
maps  prepared  on  the  basis  of  these  surveys  are  presented  in  the  atlas. 
The  field  books,  plane-table  sheets,  and  original  maps  are  filed  in 
the  offices  of  the  commission. 

The  field  data  secured  from  these  surveys  permitted  the  platting 
of  1-foot  contours  for  most  of  the  land  area  around  the  Lake  of  the 
Woods.  The  lake  level  at  the  time  of  the  surveys  ranged  between 
1,060  and  1,061,  thus  making  necessary  the  employment  of  special 
topographic  methods  below  this  level.  The  total  surveyed  area,  in- 
cluding over  7,000  acres  of  land  examined  by  reconnaissance  methods, 
aggregates  over  95,000  acres. 

The  present  character  of  the  shore  lands  is  well  shown  in  the 
engineers'  report.^  Much  of  the  land  near  the  shore  has  a  covering 
of  peat,  but  except  for  large  areas  around  Buffalo  Bay,  this  usually 
disappears  at  about  elevation  1,060.  The  timber  begins  at  about  ele- 
vation 1,061.  Only  342  acres  of  cultivated  land  will  be  affected  by 
the  proposed  regulation.  Of  this  area  275  acres  are  in  the  United 
States.  A  total  of  1,760  acres  in  both  countries  of  what  is  termed 
"  grass  land  "  will  be  affected.  No  marsh  land  covered  with  coarse, 
wild  grass  is  included  in  this  area. 

It  was  early  perceived  that  a  reply  to  the  second  question  of  the 
reference  could  not  be  limited  to  lands  actually  submerged.  In  some 
places  along  the  shore  of  the  lake,  where  the  land  was  high  and  not 
subject  to  flowage,  the  banks,  due  to  wave  action,  were  breakijig  down. 
In  other  places  public  and  private  structures  wore  found  cloae  to  the 
prevailing  lake  stage.  Realizing  that  all  property  rights  affecttd 
must  receive  consideration,  all  necessary  data  were  secured,  either 
directly  by  the  commission's  engineers  or  throu|^  ooopemtiun  with 
(lovernment  departments,  regarding  all  interests  and  structures 
around  the  lake  that  might  be  affected  by  various  levels  and  i^ystems 
of  regulation.    Most  of  these  data  appear  in  the  eogilkeeni*  report. 

The  principal  data  relating  to  land  areas  are  summarised  in  tabu- 
lar form  in  the  volimie  of  text  and  i^rc  represented  also  upon  tlie 
contour  maps  in  the  atlas.  The  maps  of  the  aUas  dkow  conditions  as 
they  prevailed  on  the  lake  at  the  time  of  the  survey.  Maps  have  also 
been  prepared  and  filed  in  the  offices  of  the  commission  diowing  thS' 
old  meandered  shore  line  as  located  by  the  United  States  CSencral 
IjtLad  Offiee  surveyors.  The  meander  comers  have  practically  all 
been  washed  away ;  the  shore  line,  however,  was  located  on  the  com' 
mission  maps  on  the  basis  of  the  distances  given  on  the  I^nd  Office 
plats  to  the  nearest  section  corners,  most  of  which  were  found  by 
the  coimnissioirs  engineers* 

>  i<rp,.rt  of  Cooaoltlat  Wigliiwi  (1nt>.  PlitM  ■  «•  K. 


58  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

The  instructions  under  which  the  south  shore  lands  in  Minnesota 

8«ba«r«e4  ktam  ^®^®  Surveyed  required  the  establishment  of  the 
compotrd  fro«  hc-  meander  line  at  what  was  described  as  "  ordinary 
.Ddfr  iinr.  high-water  mark."    At  the  time  of  the  surveys,  1894 

to  1896,  the  lake  was  and  for  about  seven  years  had  been  consider- 
ably above  its  natural  stage.  The  low  lands  along  the  south  shore 
were  under  water  and  the  meander  line  was  evidently  taken  as  the 
dividing  line  between  open  water  on  the  one  hand  and  willow  brush 
or  marsh  grass  on  the  other.  This  meander  line  is  a  considerable 
distance  lakeward  from  the  1,059  contour,  which  we  believe,  as  previ- 
ously stated,  fairly  represents  natural  ordinary  high-water  mark. 
However,  lands  were  patented  to  the  settlers  on  the  basis  of  the  acre- 
age shown  above  the  meander  line,  which  was  supposed  to  be  ordinary 
high-water  mark,  and  many  of  these  settlers  have  suffered  real  dam- 
age in  the  past.  In  view  of  these  considerations,  the  commission  has 
recommended  that  the  area  of  submerged  lands  be  computed  from 
the  meander  line. 

When  discussing  the  significance  of  certain  phrases  relating  to 
levels,  counsel  for  various  interests  dwelt  at  some  length  upon  what 
could  reasonably  be  done  in  a  study  of  levels  on  the  Lake  of  the 
Woods,  in  order  to  determine  what  "  ordinary  high-water  mark " 
would  have  been  on  the  lake  in  a  state  of  nature.  This  question  owes 
its  importance  to  the  fact  that  the  United  States  Federal  (iovern- 
ment,  in  the  interests  of  navigation,  holds  an  easement  to  raise  the 
level  of  navigable  waters  to  "  ordinary  high-water  mark." 

On  the  Lake  of  the  Woods  the  higher  lake  stages  prevailing  under 
control  have  obliterated  the  vegetation  growing  around  the  lake  at 
what  was  the  "ordinary  high-water  mark"  in  a  state  of  nature. 
Moreover,  the  stages  that  have  prevailed  on  the  lake  during  the  past 
20  years  have  been  much  more  uniform  than  those  which  would  have 
prevailed  under  natural  conditions.  It  is,  therefore,  not  now  feasible 
satisfactorily  to  determine  "  natural  ordinary  high-water  mark  "  by 
effecting  comparisons  between-  the  actual  controlled  levels  and  the 
computed  natural  level.  In  view  of  these  considerations,  "natural 
ordinary  high-water  mark"  can  probably  be  reasonably  determined 
by  deduction  from  the  computed  natural  levels  which  would  have 
prevailed  on  the  lake  during  the  past  24  years.  The  commission's 
engineers  have  made  this  study  and  been  led  to  the  conclusion  previ- 
ously stated — and  which  appears  reasonable — that  "  natural  ordinary 
high-water  mark  "  on  the  Lake  of  the  Woods  was  approximately  at 
elevation  1,059.  This  stage  would  have  prevailed  22  per  cent  of  the 
time  during  the  summer  months  of  the  past  24  years  and  represents 
the  mean  of  all  stages  above  the  average  stage  prevailing  during  the 
months  of  June  to  September,  inclusive.    The  ice  on  the  lake  usually 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.  59 

breaks  up  about  the  middle  of  May.  If  May  15  to  October  31  is 
adopted  as  the  summer  season,  the  mean  high-water  stage  during  this 
season  is  reduced  by  only  about  0.2  feet. 

The  recommended  ordinary  maximum  level  of  1,061.25  is  2.23  feet 

Hnbmer  fid  or  In-  ^is^^^^  ^^^^^  the  computcd  natural  mean  high  level  of 
jarioniir  at eeted  the  Lake  of  the  Woods  and  0.03  feet  lower  than  the 
'•■*••  actual  mean  high  level  which  has  prevailed  during 

the  past  24  years.  Notwithstanding  the  proposed  increased  discharge 
capacity  of  the  outlets,  it  will  be  impossible  to  discharge  the  water 
as  rapidly  as  it  will  run  into  the  lake  in  time  of  exceptional  floods. 
Under  such  conditions  some  of  the  flood  inflow  mast  be  temporarily 
stored  on  the  lake,  to  be  wasted  as  fast  as  conditions  at  the  outlets 
permit.  The  amount  of  this  excess  storage  required  will  vary  with 
the  flood  inflow.  Under  the  most  unfavorable  conditions  of  the  past 
24  years  about  1.25  feet  of  excess  storage  would  have  been  required, 
but  a  factor  of  safety  must  be  provided  as  still  greater  rates  of  inflow 
have  occurred  in  earlier  years  and  may  recur  in  the  future.  More- 
over, the  ordinary  maximum  stage  will  prevail  nearly  80  per  cent  of 
the  time,  so  that  each  season  the  stage  along  the  south  shore  may  be 
expected  to  rise  half  a  foot  or  a  foot  above  the  mean  for  about  a  day 
nt  a  time  as  a  result  of  high  northerly  winds.  During  storms  drift- 
wood will  be  carried  niland  over  the  fields  to  about  elevation  1,062. 
This  is  well  illustrated  by  the  storm  of  June  r>,  1D13.  referred  to  by 
the  engineers.* 

According  to  the  evidence,  the  aHowance  to  1k»  inude  for  the  effect 
of  seepage  is  about  1.5  feet.'  This  allowance,  however,  varies  eon* 
siderably  with  the  character  of  the  soil,  particularly  the  subsoil  below 
the  layer  ordinarily  plowed.  Where  the  subsoil  is  clayey  the  pssMflB 
of  water  is  so  slow  that  the  moisture  content  of  the  surface  toil  is 
determined  primarily  by  evaporation  and  rainfall.  During  dry 
weather  such  soils  in  fields  a  few  hundred  feet  removed  from  the 
lalce  shore  are  dry  even  though  their  surface  may  not  be  above  the 
elevation  of  the  water  in  the  lake.  During  rainy  weather  such  soils 
have  a  tendency  to  become  water-logged  irre8iH»ctive  of  their  eleva- 
tion above  the  lake  level.  This  fact  is  demonstrated  by  the  effects  of 
tile  (Itaiimge  on  heavy  clay  soils  in  upland,  rolling  fidds. 

An  ordinary  maximum  level  of  1,061.25  and  1.S5  feet  sllowmnce  for 
excess  storage  plus  1.6  feet  for  seepage  brings  the  contour,  up  to 
which  nil  lands  will  be  more  or  leas  injuriously  affected  by  the  pro- 
posed regulation,  to  1,064. 

The  commission  having  concluded  to  recommend  that  flowage  be 
fiht.iiiit'd  up  lo  cunJoiii-  l.nr. I   f(iin\.l  ii  n.T..v..»ry  to  adopt  a  range  of 

'  Ki-imrt  i>f  «'«ii«iilttiiii   I  '    \ii     I'lit,    r 

•I'uMlo  llmrltitfu.  Wnr.  t  .|       ;,,,    >...,  90  :  FlaiU  P«Mt«  RMrtM*.  Wl««|. 

prU,  F«>l>riinrr.  1810.  pp.  'Jj^   ..... 


60 


FINAL  EEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 


values  that  would  be  applicable  to  the  various  classes  of  privately 
owned  and  filed  on  land  adjoining  the  Lake  of  the  Woods  that  would 
be  affected  at  the  recommended  level.  As  all  such  areas  in  both  coun- 
tries had  to  be  investigated,  some  being  entirely  removed  from  rail- 
way facilities  and  remote  from  settlement,  the  commission  after  care- 
ful consideration  of  all  factors  fixed  the  following  range  of  values: 
Cultivated  lands,  $75  to  $35  per  acre;  grass  lands,  $50  to  $25;  pei- 
acre;  grass  land  with  scattered  poplars,  $35  to  $15  per  acre;  lands 
covered  with  deciduous  trees,  $20  to  $10  per  acre;  lands  covered  with 
mixed  deciduous  and  coniferous  trees,  $15  to  $5  per  acre;  coniferous 
swamp,  $5  to  $3  per  acre;  lands  covered  with  willow  and  brush,  $5  to 
$3  per  acre ;  open  marsh  or  bog,  $5  to  $1  per  acre. 
.  The  commission  wishes  to  emphasize  the  fact  that  no  part  of  its 
investigation  has  been  carried  out  with  greater  care  than  that  involv- 
ing the  determination  of  the  value  of  these  various  classes  of  lands 
adjoining  the  Lake  of  the  Woods.  The  result  of  its  efforts  to  apply 
values  to  lands  within  the  range  above  specified,  with  an  additional 
allowance  for  lands  in  the  neighborhood  of  Warroad,  yielded  the 
results  embodied  in  the  following  tables : 

SUMMABY  OF  ABEAS  AND  VALUES,  LAKE  OF  THE  WOODS, 
DECEMBEB  31,   1915. 

Landa  submerged  or  injuiHounly  affected  by  proposed  regulation. 
TOTAL,  UNITED  STATES. 


Prtratalr 
owned  and  fll«d 


Federal. 


State. 


Total. 


Lost  land;  old  meandered  shore  line 

to  present  > 

Present  shore  line  to  contour  1050 

Old  meandered  shore  line  to  contour 

1069 

Contour  1059  to  1062. 

Old  meandered  shore  line  to  contour 

1062 

Contour  1062  to  1064 

Old  meandered  shore  line  to  contour 

1064 


Acta. 
1,583 
1,885 

3,478 
5,412 

8,890 
4,614 

13.504 


Value. 

$18,000 

3,450 

2I,4a 
50,229 

71,688 
81,805 

153,493 


Aera. 
3,940 
4,050 

6,990 
6,292 

13,282 
3,718 

17,000 


Value. 

12,940 

4,050 

6,990 
6,202 

13,282 
3,718 

17,000 


Acre*. 
33 
363 


396 
319 


715 
136 


850 


Value. 
S33 

363 

396 
319 

716 
136 


Acre*. 
4,556 

6,308 

10,864 
12,023 

22,8S7 
8,467 


Value. 
$20,973 

7,872 

28,845 
66,810 

85,686 
86,658 


>31,364  *  171,3a 


1  This  includes  loss  of  land  where  high  banks  have  been  eroded  and  fishermen's  buildings  damaged. 
1 U  thepublic  land  between  the  old  meandered  shore  line  and  the  1050  contour  is  omitted,  these  totals 
become  23^968  acres  and  1163,957,  respectively. 

Note.— All  lands  other  than  those  which  were  in  private  ownership  on  Dec.  31, 1915,  or  had  been 
filed  on,  are  provisionally  entered  at  a  uniform  rate  of  $1  per  acre.  Some  of  these  lands  are  subject  to  a 
lien  for  ditch  benefits  amounting  to  from  about  $1  to  $2.50  per  acre.  Other  lands  have  since  passed  into 
private  ownership.  "  Lost  land  '  includes  all  areas  lying  between  the  meander  line  shown  on  the  plats 
made  by  the  Government  land  surveyors  and  the  shore  line  shown  on  the  maps  of  the  atlas  accompanying 
the  report  of  the  consulting  engineers.  The  meander  Une  shown  on  the  maps  of  the  United  States  G«ieral 
Land  Office  represents  what  the  surveyors,  according  to  the  instructions  of  the  Land  Office,  regarded  ks 
ordinar  y  high-water  mark  at  the  time  of  the  survey.  The  meander  line  shown  on  the  Ontario  maps  repre- 
sents the  water's  edge  at  the  time  of  the  surveys. 


Plate     12. 


CAST   UP  SHORE   LINE   ON   SOUTH   SHORE. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMIBBIOK. 


61 


Lands  submerged  or  injuriously  affected  by  proposed  reffulation — Continoed. 

TOTAL,  CANADA. 


Lost    land;    old   meandered 

shore  line  to  present  > 

Present  shore  line  to  contour 

1059 

Old  meandered  shore  line  to 

contour  1059 

Contour  1059  to  1062 

Uld  meandered  shore  line  to 

contour  1062 

Contour  1062  tol064 , 

Old  meandered  shore  line  to 

contour  1064 


Privatrty 

owned  and 

filed  on. 


Acre». '  Value. 
785  $4,100 


477 

1,262 
1,962 

3,224 


1,190 

5,  aw 

15,77s 


ProTindal. 


Aerti. 


2,990 

3,S90 

«,071 


1,446  :33,0S7 
4,070  44,755 


21,068  10,661 

-  • '   t.vn 


15,633 


Dominion. 


Vtlue.  Aerta.\VUu€. 


I  I 

|2,5M     2,184  $2,184 

2,590     2,184  I  3,184 
8,071  I  8,967  I  8,867 

10,661  jlO,SSl  Il0,561 
4,973  !  6,060     6,060 

15,633  Il6,611  'l6,611 


Aera.  VUm*. 


1,161  SI,  161 


1,161 
5,57» 

6,740 
3,073 

9,813 


1,161 
5,579 

6,740 
8,073 

9,813 


torn. 


Atrm. '  Vaime. 
785  I  $1,100 

6,4ul    7,  UK 

7,197    ii,a$ 

23.979     »,m 

U,  176     40,9» 
U.S51  {  37,798 

146,737  WlU 


I  This  includes  loss  of  land  where  high  banks  have  been  eroded  and  fUbanneo'i  bnildtngi  dtatfid. 
>  If  the  public  land  between  the  old  meandered  shore  line  and  the  1059  contour  b  omitt«d,  dMM  toMb 
become  40,792  acres  and  $80,877,  respectively. 

NuTE.— All  lands  other  than  those  which  were  In  private  ownership  on  Dec.  31, 1915,  or  bad  bean  flJtd  on, 
are  provisionnlly  entered  at  a  unifurm  rate  of  $1  per  acra.  Boom  of  Uma  lanaa  bkva  rfaoa  ptmmi  into 
private  ownership.  "Lost  land"  includes  all  areas  lying  between  the  meander  line  shown  on  the  plats 
made  by  the  ( iuvernment  land  surveyors  and  the  shore  line  shown  on  the  mapa  ot  ttae  atlas  aooompaajriac 
the  rei>ort  of  the  consulting  enKineem.  The  meander  line  sbown  on  the  m^w  of  ttae  United  Slates  OeMial 
Lund  ofllce  represents  what  toe  sorveyors,  aeeordtacto  the  tautnietlona  of  the  Land  OtBoe,  lecarded  aa 
ordinary  high-water  mark  at  the  time  of  the  survey.  The  meander  line  shown  < 


sents  the  water's  edge  at  the  time  of  the  surveys. 


I  on  the  Ontario  maps  rapr»- 


TOTAL,  UNITED  STATES  AND  CANADA. 


Privately 
owned  and 


FadsraLDo- 
■ifawNi,  Btat% 


I/oet  land;  old  meandered  ahore  line  to  pressnt 

Praeant  shore  line  to  eontoor  1009 

Total,  old  meandered  sliore  line  to  contour  1000. 

Contour  1089  to  1063. 

Old  meandered  shore  line  to  contour  1003 

Contour  loaa  to  1064 

Old  meandered  shore  line  to  contour  1064. 


A0m. 

1,168 
{$71 
4^740 
7,374 

6,  on 

U,IH 


|C7« 
Sfl07 

iStMS 


)  This  Ineluda*  Ums  of  kad  whert  hi<h  baaka  bava  bsoo  ««dsd  and  ftaherman**  balMlaoi 
•  If  the  public  land  between  the  old  meandered  abora  " 
become  6<7W  acrea  and  $M4,n4.  nspsotlTaly, 


I  Una  and  the  loM  contour  1«  omitted. 


nnntim  w»|,w  mJi«v  imbu  pa  ■■,■*■  ■■  r«»|f«v««v«i/. 

NoTK.— All^landfl  other  than  tboee  which  warejn  private  ownenhip  on  Dar.  $1.  IMI^  «f  had 

aMSBdar  _    _ 

the  (iovernroeot  land  suryeyora  a^  the  aSon  lU^  shown  oa  ihf  mape  of  the  aUas 


MoTK.— All  lands  oiner  tium  tnoee  wnicb  ware  in  private  ownenaip  oa  uar.  si,  nu,  or  Bad  Maa  usd 
on,  are  provisionally  antared  at  a  unltorm  rate  ot  $1  |>eraoe.  aoa>aollhaaslaiidiaiaeafc|t  laajaahr 
dltoh  beaeflte  amounting  to  from  about  $1  to  $3.10  per  aora.  Other  landa  liava  aaea  paaied  laila  uilale 
owaerahlp.   "Loat laadT Inehidea aU areae lrli« btCwMa tSaaMsadsr  lbs abawa  MfUm^liSSmiamhf 


report  of  the  oonaultlnc  ( 


The  m 


r  lias  abown  aa  tna  maps  of  ihs  0 


__  aailaeers, 
l.uiiil  oince  repraeaote  what  the  surveyor*,  aooordlnf  to  the InetnioUuui' u(  the  l.»ai  Ott 
uitUnitry  bl|(l>>watei  mark  at  the  tfane  of  Ua  aurvay.    The  awaadsr  line  abown  oa  tJw 
repronents  the  watar^  sd!|a  at  tea  tuna  of  the  aurveys. 

The  maintenance  of  the  Lake  of  the  Woods  at  a  relatively  iiniform 
other  preprrtr    level  of  1,001.25  Will  aggitvate  the  erosion  of  ei- 
riRhu  affected.  poee<1  lil^h  lands  not  subject  to  actual  flooding  imtU 

n  now  luMtcli  IK  formed  uih)ii  which  the  waTee  can  beat  Tba  oon- 
mission  beliovos  that,  except  whert»  hank  protection  is  provided,  a 
strip  of  land  alnxit  2(K)  f(H>t  in  width  siiould  be  condemned  for  flow- 
age  purposes  along  all  hif^h  hanks  now  stihject  to  erorioil  where  tilt 
land  is  held  in  private  ownei-ship,  and  (hat  a  flowage  eeiement  eboold 
be  retained  by  Uie  (iovemiuent«  over  all  similar  Unda  patented  to 


62  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

settlers  hereafter.  The  portions  of  the  shore  line  where  the  most 
serious  erosion  of  high  banks  has  occurred  in  the  past  are  those 
l^etween  Long  Point  and  Zippel  Creek  and  around  Oak  Point. 

The  banks  of  Warroad  River,  where  subject  to  erosion,  must  be 
protected.  Good  rock  or  concrete  riprap  placed  after  the  banks  have 
been  graded  .to  a  reasonably  uniform  slope  of  about  2  horizontal  to  1 
vertical  will  serve  this  purpose  except  in  the  vicinity  of  the  town 
dock,  where  a  concrete  retaining  wall  should  be  built  for  a  few  hun-. 
dred  feet.  To  prevent  the  encroachment  of  the  lake  from  the  east, 
the  Great  Northern  Railway  spur  track  east  of  the  town  should  be 
moved  westerly  to  near  the  1,064  contour.  A  good  trench  should  be 
dug  and  riprap  placed  on  the  lakeward  side  of  the  embankment 
extending  to  the  bottom  of  the  trench. 

Some  docks,  boathouses,  and  other  water-front  improvements  in 
the  vicinity  of  Baudette,  Minnesota,  and  Rainy  River,  Ontario,  and 
the  sawmill  at  Clementson,  Minnesota,  will  require  minor  modifica- 
tion and  protection. 

Docks,  boathouses,  and  other  improvements  in  the  northerly  por- 
tion of  the  lake  will  not  be  disadvantageously  affected.  The  effect 
on  drainage  and  sewerage  at  Warroad  has  already  been  mentioned. 
This  matter  is  fully  discussed  on  page  297  et  seq.  of  the  Final  Public 
Hearings,  Winnipeg,  February,  1916. 

The  operation  of  the  ditch  system  of  northern  Minnesota  is  not 
Kf «*t ofimk* lerei  adversely  affected  by  any  particular  level  of  the 
o.  ditch  Ultra.  i^ake  of  the  Woods.     This  fact  was  well  brought  out 

by  the  testimony  of  Colonel  Mason  M.  Patrick,  Corps  of  Engineers, 
United  States  Army,  who  appeared  before  the  commission  at  the 
hearing  in  Winnipeg  in  1916.^  Under  the  conditions  of  slope  pre- 
vailing on  the  south  shore  of  the  I^ake  of  the  Woods  silting  will  take 
place  where  the  flowing  water  from  the  ditch  enters  the  quiet  water 
of  the  lake,  and  a  change  in  lake  level  "will  merely  result  in  trans- 
ferring the  point  of  deposit  from  one  level  to  the  other.  Moreover, 
the  effect  of  any  given  lake  level  is  practically  limited  to  the  reach 
from  the  mouth  of  the  ditch  to  the  point  where  the  ditch  bottom  rises 
above  the  lake  level.  Further  information  regarding  this  matter  will 
be  found  in  the  supplement  to  this  report. 

» Pinal  Public  Hearings,  Winnipeg,  1916,  pp.  374-375. 


X.— QUESTION  THEEE. 

The  first  requirement  for  the  maintenance  of  the  recommended 

EnitrfiBg  the  ont-  level  is  the  enlargement  of  the  outlets  so  as  to  secure 
••*••  an  aggregate  discharge  capacity  of  47,000  c  f.  s.  at  ft 

lake  stage  of  1,061.  This  will  give  a  capacity  of  48,000  c.  f.  s.  at  the 
ordinary  maximum  level  of  1,061.25.  On  account  of  flooding  and  loss 
of  power  at  the  outlets  and  the  damage  resulting  to  riparian  owners 
on  the  Winnipeg  River  below  the  outlets,  from  high  rates  of  dis- 
charge, it  is  desirable  to  fix  a  maximum  tailwater  level  which  will  not 
be  exceeded  in  time  of  flood.  The  stage  recommended  is  that  cor- 
responding to  a  discharge  of  48,000  c.  f.  s.  from  all  outlets.  This 
stage  is  approximately  1,049  at  the  Winnipeg  River  bridge  at  Kee- 
watin  and  represents  a  stage  about  1.25  feet  higher  than  natural 
extreme  high-water  mark. 

Of  the  total  discharge,  about  40,000  c.  f.  s.  at  a  stage  of  1,061  must 
bo  passed  through  the  western  outlet.  This  is  about  11,000  c  f .  s.  greater 
than  passed  through  this  outlet  in  a  state  of  nature.  About  45,000 
cubic  yards  of  rock  excavation  must  be  made  in  the  vicinity  of  the 
Canadian  Pacific  Railway  bridge  and  at  the  site  of  the  old  Rollerway 
Dam  to  provide  the  necessary  discharge  capacity.  The  cost  of  mak- 
ing this  excavation  is  dependent  largely  upon  the  conditions  under 
which  the  work  will  be  done.  It  would  be  unwise  to  attempt  the  work 
during  a  wet  year.  During  a  year  of  average  precipitation  the  west- 
em  outlet  could  be  completely  closed  off  by  a  cofferdam  from  about 
September  1  to  May  1,  so  as  to  permit  making  the  excavation  in  the 
dry.  It  would  also  appear  desirable  to  provide  for  additional  dis- 
charge capacity  through  the  eastern  outlet  during  the  enlargement 
of  the  western  outlet,  and  then  to  place  an  additional  turbine  unit 
in  the  Kenora  Channel  later  to  furni.»<h  supplementary  power.  By 
providing  head  works  and  discharging  through  an  excavated  channel 
east  of  the  Kenora  power  house  and  also  through  the  uncompleted 
portion  of  the  power  house  after  it  has  )^een  properly  rem(xlelcd,  H 
should  be  possible  to  discharge  at  least  7,800  e.  f .  s.  through  the  eut- 
em  outlet 

The  head  works  of  the  old  Keewatin  Lumber  A  Manufacturing  Com* 
pany's  headrace  require  replacement  with  a  permanent  structure.  A 
little  excavation  will  provide  for  a  discharge  of  at  least  500  c  f.  a; 
through  this  outlet  and  about  2,000  c.  f.  s.  can  be  dischaifed  through 
Mills  A  and  C  at  Keewatin.  making  a  total  of  at  least  10,000  c  f.  a.  If 
loeoM-iT — 9  m 


64  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

at  the  time  the  excavation  is  made  in  the  western  outlet  a  considerable 
storage  capacity  is  available  on  both  Rainy  Lake  and  the  Lake  of  the 
Woods,  and  if  the  Winnipeg  River  power  plants  do  not  require  more 
than  about  10,000  c.  f.  s.  from  the  Lake  of  the  Woods,  the  western 
outlet  can  be  coffered  off  and  the  excavation  made  in  the  dry. 

The  proposed  regulation  will  increase  the  value  of  the  Norman 
The  eontr oiling    Dam  as  a  power  site  for  manufacturing  purposes, 
w«'^-  but  possibly  not  for  hydroelectric  purposes,  except 

in  conjunction  with  a  steam  auxiliary  plant,  on  account  of  the  low 
head  remaining  when  water  is  being  discharged  from  the  lake  at  high 
rates.  If  all  the  power  plants  at  the  outlets  are  willing  to  forego  the 
small  increase  in  head  resulting  from  maintaining  the  level  of  the 
lake  as  close  to  the  ordinary  maximum  stage  as  possible  well  into  the 
spring,  and  will  agree  to  the  drawing  down  of  the  reservoir  in  an- 
ticipation of  spring  floods,  no  extreme  high  rates  of  discharge  will 
ever  become  necessary,  and  the  value  of  the  Norman  Dam  as  a  power 
site  will  be  correspondingly  increased.  The  commission  believes  such 
regulation  to  be  desirable,  but  no  international  interests  are  involved. 
It  is  purely  a  domestic  matter  for  Canada  to  determine.  In  case  such 
regulation  is  adopted,  it  will  be  feasible  to  install  a  power  plant  in 
the  Norman  Dam.  The  best  procedure  would  appear  to  be  to  remove 
the  rock  fill  and  then  to  build  the  power  plant  in  this  location,  using 
the  present  sluices  as  wasteways  under  the  proposed  regulation. 

A  detailed  examination  of  conditions  on  the  Winnipeg  River  below 
Fiowige  righu  on  the  outlcts  was  made  by  the  Department  of  Public 
the  Winnipeg  BWer.  Works  of  Canada.  The  possibility  of  channel  en- 
largements in  the  vicinity  of  The  Dalles,  with  a  view  to  lowering 
the  tail-water  level  at  Keewatin  in  time  of  flood  discharge  from  the 
lake,  was  carefully  considered.  The  cost  of  excavation,  however, 
appeared  much  more  than  any  benefits  which  would  be  derived  from 
the  work.  Complete  data  were  collected  regarding  the  structures  and 
riparian  lands  which  would  be  affected  at  different  rates  of  discharge 
from  the  lake.  Most  of  these  structures  were  built  during  compara- 
tively low  water  and  were  placed  considerably  below  natural  extreme 
high-water  mark.^  It  is  very  doubtful  whether  boathouses  built 
at  an  elevation  permitting  their  advantageous  use  either  under 
natural  conditions  or  under  the  conditions  of  past  control,  neces- 
sarily including  such  high-^^ater  stages  as  those  of  1916,  would  need 
to  be  modified  under  the  proposed  regulation.  If  proper  foresight 
is  exercised  in  providing  some  storage  capacity  in  anticipation  of 
flood  inflows,  it  is  improbable  that  flood  stages  will  occur  more  fre- 
quently under  the  proposed  regulation  than  either  under  natural 
conditions  or  under  past  control.  However,  if  all  structures  which 
would  be  affected  by  flood  stages  are  raised  above  extreme  high- 

1  Final  Public  Hearings,  Winnipeg,  February,  1916,  p.  279. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         65 

water  mark  and  flowage  rights  are  acquired  over  all  cultivated  and 
meadow  lands  affected,  the  total  cost  based  on  the  examination 
made  by  the  Department  of  Public  Works  of  Canada  is  estimated  at 
about  $30,000. 
In  order  to  secure  the  most  advantageous  use  of  the  waters  flowing 
EqaaiiKiBir  tbe  oit-  froHi  the  Lake  of  the  Woods  in  power  development 
""'*•  on  the  Winnipeg  Kiver,  it  is  necessary  to  equalize  the 

outflow  as  far  as  practicable.  It  is  particularly  necessary  to  increase 
the  low-water  flow — that  is,  the  dependable  outflow — as  this  will 
govern  the  size  of  the  water-power  plant  capacity  to  be  installed  at 
the  different  sites.  Under  the  system  of  regulation  recommended  only 
the  upper  2  feet  of  reservoir  storage  capacity  on  the  Lake  of  the 
Woods  need  be  used  to  effect  such  equalization  of  flow  as  will  be  neces- 
sitated by  the  ordinary  hydrological  conditions  prevailing  about  80 
per  cent  of  the  time.  In  order  to  maintain  a  satisfactory  rate  of 
dependable  outflow  indefinitely  into  the  future,  however,  it  will  be 
necessar}'  to  draw  the  hike  down  several  feet  more  during  a  series  of 
exceptionally  dry  years,  such  as  may  recur  about  once  in  twenty  or 
twenty-five  years. 

In  determining  the  most  desirable  extreme  range  of  fluctuation 
in  levels  required  to  effect  the  desired  equalization  of  outflow  the 
advantages  resulting  from  each  foot  increase  were  balanced  against 
the  injurious  effects  re.«<ulting  from  securing  this  range,  either  by 
increasing  the  ordinary  uuixiinuui  level  or  by  reducing  the  minimum 
level.  The  cost  uf  securing  each  foot  increase  in  range  became 
larger  and  larger  while  at  the  same  time  the  resulting  increase  in 
dependable  outflow  became  smaller  and  snuiller.  By  balancing  the 
cost  of  Si>curing  each  foot  incrnise  in  range  through  an  increase  in 
the  ordinary  nuiximiuu  level  against  tlie  cost  of  securing  it  through 
reducing  the  niinimum  level  the  most  advantageous  ordinary  maxi- 
mum was  also  obtained.  The  principal  interests  afTecte<l  by  in- 
creasing the  ordinary  maxiunim  level  are  the  riparian  owners, 
including  the  town  of  Warroad,  and  the  fishing  interests  in  the 
Unite<l  States  portion  of  (he  lake  and  the  sunuuer  resorts  in  the 
Canadian  portion  of  the  lake.  The  principal  interests  affected  by 
reducing  the  minimum  level  are  the  water-power  plants  and  lumber- 
ing interests  at  the  outlets  and  the  navigation  interests  in  both  coun- 
tries. The  interests  most  affected  by  a  range  in  levels  are  the  fishing 
iiit^^rests.  In  endeavoring  to  arrive  at  Uie  most  desirable  level  for 
the  Ijake  of  the  Woods,  and  the  extent  to  which  it  is  practicable 
and  desirable  to  e<iualize  the  outflow  by  permitting  a  draft  od  ilorad 
wat4>r,  the  conunission  fotmd  it  extremely  difficult  to  evaluate  tlie 
injurious  effect  of  high  levels  on  fishing  in  the  Dig  Traverse,  of  low 
levels  on  the  navigation  interests,  and  of  fluctuations  in  level  on  the 


66  PINAL  BEPOET  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

fishing  interests  in  both  countries.  The  ordinary  maximum  level  and 
the  system  of  regulation  here  recommended,  it  is  believed,  come  as 
near  as  is  practicable  to  securing  the  most  advantageous  use  of  these 
waters  by  all  interests  concerned. 

The  more  the  inflow  into  the  Lake  of  the  Woods  is  equalized  the 
more  readily  can  the  recommended  level  be  maintained  within  a 
small  fluctuation,  and  the  greater  is  the  dependable  outflow  that  can 
be  secured  from  any  given  extreme  range  in  level  of  the  Lake  of  the 
Woods.  The  principal  storage  reservoirs  available  for  equalizing  the 
inflow  into  the  lake  are  those  already  constructed  by  private  capital 
on  Rainy  Lake  and  the  lakes  above  Kettle  Falls.  On  Rainy  Lake 
there  is  at  present  70  billion  cubic  feet  of  storage  available  between 
the  levels  of  497  and  490.  and  30  billion  cubic  feet  on  Namakan  and 
adjoining  lakes  above  Kettle  Falls  between  the  levels  of  508.5 
and  497.  The  existing  power  plant  at  International  Falls  and  Fort 
Frances,  just  below  the  outlet  of  Rainy  Lake,  has  sufficient  turbine 
capacity  to  utilize  substantially  10,000  c.  f.  s.  under  normal  head. 
It  is  to  the  interest  of  this  plant  to  use  water  at  this  rate  whenever 
stored  water  is  available  and  there  is  a  market  for  the  product  of  the 
mills.  As  the  runoff  from  the  watershed  tributary  to  Rainy  Lake 
amounts  to  60  i)er  cent  of  the  total  runoff  from  the  Lake  of  the  Woods 
watershed,  and  a  rate  of  discharge  of  10,000  c.  f.  s.  from  Rainy  Lake 
is  between  80  per  cent  and  90  per  cent  of  the  rate  at  which  water 
will  ordinarily  be  discharged  from  the  Lake  of  the  Woods  under  the 
proposed  regulation,  it  is  apparent  that  the  upper  Rainy  reservoirs 
will  ordinarily  be  only  partially  full  when  the  Lake  of  the  Woods 
reservoir  is  completely  full.  In  other  words,  while  the  Lake  of  the 
Woods  will  be  full  about  80  per  cent.  Rainy  Lake  will  be  full  only 
about  40  per  cent  of  the  time.  As  a  consequence,  the  probabilities  are 
that  if  water  is  being  drawn  from  Rainy  Lake  at  an  average  rate  of 
10,000  c.  f,  s.  that  the  lake  will  not  be  full  at  the  beginning  of  a 
series  of  dry  years,  even  though  the  Lake  of  the  Woods  would  be  full 
under  the  same  hydrological  conditions.  If  water  is  being  drawn 
from  Rainy  Lake  at  an  average  rate  of  about  10,000  c.  f.  s.  the 
available  100  billion  cubic  feet  of  storage  on  the  upper  Rainy  water- 
shed will  be  of  relatively  little  service  in  increasing  the  dependable 
outflow  from  the  Lake  of  the  Woods,  although  it  will  reduce  the  ordi- 
nary fluctuation  in  the  level  of  that  lake  by  materially  equalizing  the 
inflow  into  the  lake.  The  records  of  the  past  24  years  indicate  that 
if  the  outflow  from  Rainy  Lake  is  reduced  to  approximately  8,000 
or  8,500  c.  f.  s.  whenever  stored  water  is  being  drawn  upon,  both 
Rainy  Lake  and  the  Lake  of  the  Woods  will  be  full  at  the  beginning 
of  a  dry  spell,  and  the  dependable  outflow  from  the  Lake  of  the  Woods 
will  be  increased  by  substantially  1,000  c.  f.  s.  or  10  per  cent,  with  a 
corresponding  increase  in  the  potential  water  power  on  the  Winnipeg 


FINAL  BBPOET  OP  THE  INTEBNATIONAL  JOINT  COMMISSION.         67 

River  of  about  25,000  horsepower  and  a  loss  of  substantially  1,000 
horsepower  at  International  Falls  and  Fort  Frances. 

The  dependable  outflow  from  the  Lake  of  the  Woods,  however,  can 
also  be  increased  by  additional  storage  on  the  upper  Rainy  watershed. 
This  additional  storage  will  not  only  benefit  the  water  powers  on  the 
Winnipeg  River^  but  it  will  also  aid  in  maintaining  the  recommended 
level  on  the  Lake  of  the  Woods  and  increase  the  available  water 
power  at  International  F'alls  and  Fort  Frances. 

The  commission  has  recommended  that  in  order  to  secure  the  most 
advantageous  use  of  the  waters  of  the  Lake  of  the  Woods  and  of 
the  waters  flowing  into  and  from  that  lake  it  is  practicable  and 
desirable  to  secure  at  least  45  billion  cubic  feet  of  additional  storage 
capacity  on  the  upper  Rainy  watershed.  By  drawing  Rainy  Lake 
down  another  half  foot  in  time  of  extreme  low  water,  a  full  150 
billion  cubic  feet  storage  would  become  available.  If  this  entire  150 
billion  cubic  feet  storage  capacity  is  used  primarily  in  the  interest 
of  the  International  Falls  and  Fort  Frances  plants  it  will,  neverthe- 
less, directly  increase  the  dependable  outflow  from  the  Lake  of  the 
Woods  in  the  interest  of  the  Winnipeg  River  water  powers  by  360 
c.  f.  s.  This  is  equivalent  to  the  increase  in  flow  that  could  be 
secured  by  half  a  foot  additional  draft  on  the  Lake  of  the  Woods. 
Moreover,  every  increase  in  dependable  outflow  which  is  secured  by 
equalizing  the  inflow  into  the  Lake  of  the  Woods  instead  of  by  in- 
creasing the  draft  on  that  lake  assists  in  maintaining  the  rt>com- 
mended  level  with  less  ordinary  fluctuation. 

Increased  storage  on  the  upper  Rainy  watershed  also  reduces  the 
occasional  extreme  stages  on  the  Lake  of  the  Woods  in  time  of  flood} 
thus  permitting  the  maintenance  of  an  ordinary  maximum  sta^  on 
that  lake  about  3  inches  liigher  than  with  the  pros(>nt  storage  OD 
Rainy  Lake,  and  about  6  inches  higher  than  witli  the  natural  outflow 
from  Rainy  Lake,  without  encroachment  on  tlie  margin  of  Miety 
provided  by  flowage  rights  acquired  to  contour  1,064.  The  net  resalt, 
therefore,  of  150  billion  cubic  feet  of  storage  on  the  upper  Rainy 
watershed  is  to  increase  the  dependable  outflow  from  the  Lake  of  the 
Woods  by  at  least  650  c.  f.  s.  corresponding  to  an  increase  of  at  least 
17,000  horsepower  in  the  potential  water  power  on  Uic  Winnipeg  Ritw 
and  of  about  2,500  horsepower  on  the  Bainy  River.  Inasmuch  as  the 
dosing  down  of  the  International  Falls-Fort  Frances  plants  over 
Sunday  during  the  winter  and  the  reduction  in  flow  to  about  5,000 
c.  f.  8.  on  Sunday  during  the  navigation  season,  and  all  other  shut- 
downs or  reductions  of  output  in  anticipation  of  low  water,  will  re- 
duce the  ordinary  rate  of  water  consumption  somewhat,  the  reel 
inoreese  in  potential  water  power  on  Uie  Winnipeg  River  will  prol>> 
ably  be  not  less  than  25,000  horsepower. 


68  PINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

The  discharge  of  water  from  Rainy  Lake  at  an  ordinary  rate  of 
Rood  r    FT  10,000  c.  f .  s.  instead  of  8,000  c.  f .  s.  also  assists  in  pre- 

venting the  Lake  of  the  Woods  from  exceeding  its 
ordinary  maximum  level  in  time  of  flood,  because  a  greater  amount  of 
storage  capacity  is  always  available  for  the  storage  of  flood  water, 
even  without  water  having  been  wasted  in  anticipation  of  flood  in- 
flows. Greater  storage  capacity  reduces  the  rate  at  which  it  is  neces- 
sary to  discharge  the  flood  water  after  the  reserv^oir  is  full,  or  the 
excess  water  to  be  stored  on  the  lake  above  the  ordinary  maximum 
stage.  The  restriction  of  the  ordinary  rate  of  outflow  from  the  Lake 
of  the  Woods  to  a  dependable  rate  of  about  11,000  c.  f.  s.  on  the  other 
hand  results  in  maintaining  that  lake  at  substantially  its  ordinary 
maxinmm  stage  about  twice  as  large  a  proportion  of  the  time  as  Rainy 
Lake.  This  reduces  the  amount  of  storage  capacity  ordinarily  avail- 
able on  the  Lake  of  the  Woods  to  a  very  small  amount.  As  a  con- 
sequence more  flood  reserve  or  capacity  for  temporarily  storing  flood 
water  above  the  ordinary  maximum  stage  must  be  provided.  More- 
over, the  discharge  capacity  of  the  Lake  of  the  Woods,  even  with  the 
outlets  enlarged  as  recommended,  is  relatively  smaller  than  that  of 
Rainy  Lake.  Since  the  flood  water  can  not  be  discharged  as  rapidly, 
and  since  less  capacity  for  storing  flood  water  below  the  ordinary 
maximum  level  is  ordinarily  available,  provision  has  been  made  in 
the  commission's  recommendations  for  the  storing  of  more  flood 
water  above  the  ordinary  maximum  level  on  the  Lake  of  the  Woods 
than  on  Rainy  Lake.  In  other  words,  1.25  feet  of  flood  reserve  has 
been  recommended  for  the  Lake  of  the  Woods  against  0.5  foot  for 
Rainy  Lake. 

Another  factor  influencing  the  amount  of  flood  reserve  to  be  pro- 
vided on  any  given  lake  is  the  relation  between  the  maximum 
natural  rate  of  inflow  and  the  maximum  natural  rate  of  outflow.  A 
relatively  small  lake  usually  has  a  maximum  natural  rate  of  outflow 
equal  to  its  maximum  rate  of  inflow.  On  such  a  lake  no  increase  in 
outflow  capacity  is  required  under  regulation;  neither  is  a  flood 
reserve  required.  This  is  substantially  the  condition  in  Lake 
Namakan  for  example.  On  the  other  hand,  a  lake  whose  area  is 
large  in  comparison  with  the  area  of  its  tributary  watershed,  other 
conditions  being  similar,  always  has  a  maximmn  natural  rate  of 
inflow  greatly  in  excess  of  its  maximum  natural  rate  of  outflow.  On 
such  a  lake  the  outflow  capacity  must  be  increased  or  a  large  flood 
reserve  must  be  provided,  or  both. 

The  maximum  natural  rate  of  inflow  into  the  Lake  of  the  Woods 
was  more  than  twice  the  maximum  natural  rate  of  outflow.  The 
maximum  natural  rate  of  inflow  into  Rainy  Lake  was  only  about  35 
per  cent  greater  than  the  maximum  natural  rate  of  outflow,  hence 


PINAL  BEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         69 

much  less  flood  reserve  is  required  on  this  lake  than  on  the  Lake  of 
the  Woods. 

Another  consideration  affecting  the  amount  of  flood  reserve  re- 
quired for  a  given  margin  of  safety  is  the  character  of  the  water- 
shed. Here,  again,  the  advantage  lies  with  Rainy  Lake.  Melting 
snow  and  rain  drain  off  from  the  watershed  directly  tributary  to  the 
Lake  of  the  Woods  very  much  faster  than  from  the  upper  Rainy 
watershed.  This  is  well  illustrated  by  the  conditions  that  prevailed 
during  the  1916  flood.  The  maximum  natural  rate  of  inflow  into  the 
Lake  of  the  Woods  would  have  occurred  during  the  last  10  days 
of  April  when  Rainy  Lake,  under  natural  conditions,  with  more 
than  half  the  tributary  watershed,  would  have  contributed  less  than 
one-fifth  of  the  total  inflow.  On  the  other  hand,  the  maximum 
natural  rate  of  inflow  into  Rainy  Lake  occurred  during  the  last  10 
(lays  of  May.  At  the  time  when,  under  regulation,  Rainy  Lake 
would  be  discharging  its  maximum,  the  flood  from  the  local  water- 
shed tributary  to  the  Lake  of  the  Woods  would  be  long  past.  Under 
regulation  the  maximum  rates  of  inflow  into  the  Lake  of  the  Woods 
will  occur  long  before  the  maximum  regulated  outflow  from  Rainy 
•Lake  reaches  this  lake.  Therefore,  if  storage  is  provided  for  these 
waters,  there  will  be  no  difficulty  experienced  in  taking  care  of  the 
regulated  outflow  from  Rainy  Lake. 

It  is  apparent  from  these  facts  and  considerations  that  a  much 
greater  flood  reserve,  for  the  same  margin  of  safety,  must  be  provided 
on  the  Lake  of  the  Woods  than  on  Rainy  Lake,  hence  the  ivconi- 
mendation  for  1.25  feet  of  reserve  on  the  former  lake  and  0..>  foot  on 
the  latter. 


XI.— ADMINISTEEING  PROPOSED  REGUIATION. 

In  view  of  the  important  international  rights  and  interests  in- 
volved in  the  proposed  regulation  of  the  waters  of  the  Lake  of  the 
Woods  watershed  the  commission  has  recommended  that  it  be  vested 
with  international  supervision  and  control  over  all  dams  and  .regu- 
lating works  extending  across  the  international  boundary,  the  dam 
and  regulating  works  across  the  Canadian  channel  at  Kettle  Falls, 
with  the  right  to  control  the  discharge  of  water  from  the  Lake  of 
the  Woods  when  the  level  of  the  lake  exceeds  1,061  or  falls  below 
1,056. 

Such  supervision  appears  essential,  because  the  future  develop- 
ment of  the  public  and  private  interests  involved  in  both  countries 
precludes  the  possibility  of  recommending  an  entirely  complete  and 
definite  method  of  controlling  the  level  and  the  flow  of  the  waters 
under  consideration,  and  because  the  diverse  meteorological  and 
other  conditions  that  will  prevail  in  the  future  as  in  the  past  make 
it  impracticable  to  specify  in  advance  what  shall  or  shall  not  be  done 
under  any  and  all  of  these  varied  conditions.  The  maintenance  of  the 
recommended  level,  if  it  is  also  to  permit  of  the  advantageous  use 
of  the  available  water  and  at  the  same  time  promote  the  development 
of  the  interests  involved,  necessitates  the  gradual  development  of  the 
details  of  a  scientific  system  of  regulation. 

The  commission  appreciates  the  fact  that,  in  the  case  of  drainage 
basins  that  lie  wholly  within  one  country  or  the  other,  it  may  be 
desirable  to  artificially  divert  waters  out  of  and  from  their  own  local 
watershed  for  use  in  another.  On  the  other  hand,  diversions  from 
an  international  watershed,  such  as  that  of  the  Lake  of  the  Woods, 
whereby  the  international  channel  in  that  watershed  would  be  de- 
prived by  such  diversion  of  waters  which  naturally  belong  to  the 
Lake  of  the  Woods  drainage  system,  would  very  probably  lead  to 
irritating  disputes  between  the  people  of  two  neighboring  countries. 
Further,  the  existing  and  future  development  of  the  entire  waters  of 
the  Lake  of  the  Woods  watershed  will  involve  very  large  expendi- 
tures, and  an  investment  of  such  magnitude  must  naturally  depend 
upon  some  definite  understanding  that  the  flow  of  water  on  which 
it  is  based  will  not  be  diminished  by  a  diversion  of  any  portion 
thereof  from  the  watershed.  For  these  reasons,  the  conunission  has 
suggested  that  no  diversions,  temporary  or  permanent,  out  of  the 
Lake  of  the  Woods  watershed^  of  any  waters  which  in  their  natural 
70 


PIKAL  BEPOET  OP  THE  INTEBKATIONAL  JOINT  COMMISSION.         71 

course  flow  into  these  boundary  waters,  should  be  permitted  without 
first  referring  the  matter  to  the  commission  for  such  recommenda- 
tion as  it  may  deem  appropriate. 

The  protection  of  property  interests  around  Rainy  Lake  and  the 
Lake  of  the  Woods,  as  well  as  around  the  lakes  above  Kettle  Falls, 
will  at  times  necessitate  the  wasting  of  water  before  the  reservoir 
storage  capacity  is  exhausted.  Such  wasting  of  water  involves  the 
possibility  of  loss  to  water-power  interests.  Failure  to  waste  water 
at  the  proper  time  involves  the  possibility  of  loss  to  riparian  owners. 
Just  when  and  at  what  specific  rate  water  shall  be  wasted  can  not 
be  stated  in  advance.  Any  system  of  regulation  to  be  efficient  must 
therefore  be  flexible  to  the  extent  at  least  of  giving  to  those  author- 
ized to  administer  it  reasonable  discretionary  power. 

The  primary  object  of  the  recommended  supervision  and  control 
would  be  to  protect  the  interests  of  riparian  owners  in  both  countries 
during  seasons  of  excessive  flood  inflow  into  the  reservoirs  and  to 
protect  the  interests  of  navigation  against  loss  and  damage  due  to 
excessive  draft  upon  the  stored  water  toward  the  end  of  a  series  of 
dry  years,  while  at  the  same  time  permitting  the  advantageous  use 
of  the  waters  flowing  from  the  reservoirs  for  power  purposes;  leav- 
ing to  the  owners  of  all  dams  and  other  works  in  these  waters  the 
right,  subject  to  the  limitations  of  the  proposed  international  control, 
to  use  the  same  under  their  respective  local  governmental  jurisdiction 
for  the  purposes  for  which  they  were  intended. 


Xn.— IMMEDIATE  INTERNATIONAL  SUPERVISION. 

If  the  foregoing  conclusions  and  recommendations  are  approved 
and  adopted,  the  conmiission  can  not  urge  too  strongly  the  imme- 
diate enlargement  of  the  outlets  of  the  Lake  of  the  Woods.  The 
work  of  construction  and  excavation  and  the  acquisition  of  the 
necessary  flowage  rights,  however,  will  delay  for  a  considerable  time 
placing  in  full  operation  the  recommended  system  of  regulation.  In 
the  meantime  the  level  of  the  Lake  of  the  Woods  can  not  safely  be 
maintained  at  1061.25,  sea-level  datum,  as  recommended.  During 
the  construction  period  both  judgment  and  foresight  must  be  exer- 
cised to  prevent  damage  to  riparian  owners,  summer  resorters,  power 
interests  at  the  outlets,  and  temporary  structures  and  equipment. 
Moreover,  there  should  at  least  be  a  measure  of  cooperation  between 
the  interests  on  the  upper  Rainy  watershed  and  those  on  the  Lake 
of  the  Woods  while  the  necessary  construction  work  is  being  done. 

The  existing  restricted  outlets  of  the  Lake  of  the  Woods  make  it 
impossible  to  fix  any  range  of  levels  within  which  its  waters  could  be 
controlled  entirely  by  Canadian  users,  without  possibly  adversely 
aflfecting  international  interests.  The  commission  therefore  feels 
that,  pending  the  carrying  out  of  its  recommendations,  it  should  be 
authorized  to  advise  the  Government  of  Canada  as  to  any  changes  in 
the  discharge  of  watei*s  from  the  Lake  of  the  Woods  that  may  be 
immediately  necessary  in  the  opinion  of  the  commission  in  order  to 
protect  international  rights  involved. 

As  elsewhere  stated,  the  commission  considers  it  should  meantime 
be  the  aim  of  those  controlling  the  levels  of  the  Lake  of  the  Woods 
to  maintain  an  elevation  of  1,060.5  under  ordinary  conditions,  con- 
serving the  waters  in  the  interest  of  navigation  and  power  develop- 
ment as  far  as  practicable,  while  at  the  same  time  providing  for  such 
storage  capacity  in  the  spring  of  the  year  as  the  meteorological  data 
may  indicate  should  be  available  in  order  to  prevent  the  level  of  the 
lake  from  exceeding  1,062.5  in  the  case  of  recurrence  of  the  most 
extreme  flood  inflows  that  have  occurred  in  the  past.  It  would  be 
the  policy  of  the  commission  to  collect,  for  the  information  of  inter- 
ests concerned,  all  essential  meteorological,  hydrological,  and  other 
data  relating  to  the  regimen  of  the  waters  of  the  Lake  of  the  Woods 
watershed. 
Dated  at  Detroit,  Michigan,  this  18th  day  of  May,  1917. 

Obadiah  Gardner, 
Charles  A.  MU^grath, 
James  A.  Tawney, 
Henry  A.  Powell, 
Robert  B.  Glenn, 
P.  B.  Mignault. 
72 


PINAL  EEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         73 

Although  we  have  signed  the  foregoing  report,  we  do  not  wholly 
assent  to  the  restricted  system  of  supervision  and  control  therein 
recommended,  and  we  reserve  the  right  to  submit  supplemental  con- 
clusions and  recommendations  in  respect  thereto  and  in  respect  to 
other  matters  which  in  our  judgment  should  be  included  therein. 

Ja31£8  a.  TaWNET. 

Obadiah  Gardner. 
HOBEBT  B.  Gle^'k. 


Part  II. 

SUPPLEMENTAL   CONCLUSIONS   AND   RECOMMENDATIONS  TO 
FINAL  REPORT  IN  RE  LAKE  OF  THE  WOODS  REFERENCE. 

By  CJommlssIoner  James  A.  Tawney,  concurred  In  by  Commissioners  Gabdnkb 

and  Glenn. 


EXPLANATOBY  STATEMENT. 

The  international  and  engineering  problems  involved  in  the  ex- 
amination and  report  upon  the  questions  set  forth  in  the  reference 
arc  of  such  magnitude  and  importance;  the  national,  State,  pro- 
vincial, corporate,  and  private  interests  concerned  are  so  vast,  varietl, 
and  conflicting,  it  is  a  matter  for  congratulation  that,  as  to  alnnist 
all  of  these,  the  commission  has  been  able  to  unanimously  agree. 

Although  I  fully  concur  in  the  findings  of  fact  and,  \irith  one 
exception,  in  the  conclusions  and  reconnnendations  aa  set  forth  in 
the  Final  Report  of  the  commission,  nevertheless  I  am  constrained  to 
avail  myself  of  the  privilege  afforded  me  by  qualifying  ray  concur- 
rence to  the  one  recommendation  therein  to  which  I  do  not  wholly 
assent,  and  by  submitting  for  the  consideration  of  the  parties  certain 
additional  conclusions,  recommendations,  and  discussion  whichf  in 
my  judgment,  are  appropriate  and  necessary  to  a  full  and  complete 
report  upon  the  »   ><^rence. 

The  following  is  not  intended,  therefore,  as  a  criticism  nor  as  the 
basis  for  criticism.  It  is  submitted  from  a  sense  of  duty  to  both 
Qovernments  and  in' that  same  spirit  of  international  gtH)d  will  that 
has  characterized  this  investigation  from  the  iH'ginning. 

Fii*8t.  That  the  supervision  and  control  rtvonunendwl  on  |>»gv  37 
of  the  Final  Report  should  not  be  limite<I  to  the  boundary  waters  of 
this  watershed,  including  the  regidating  structures  at  the  outlets  of 
(ho  Lake  of  the  Woods,  and  the  prior  a<lvisory  judgment  of  the  com- 
mission in  cases  where  the  complete  divcrsi(m  of  tributary  water* 
is  cofjtemplate<l  on  either  aitle.  Whil»«  1  U»lieve  that  only  n  limited 
international  sui)ervision  and  c<)ntrt)l  over  tiame  and  oontrolling 
works  is  necessary,  yet  such  control  should  ite  exercised  over  aU 
itntohirt*  materially  affecting  the  level  or  the  flow  of  boundary 

n 


76  FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

waters,  and  all  structures  in  waters  flowing  into  boundary  waters, 
as  well  as  waters  flowing  from  boundary  waters  whenever  the  use 
of  such  structures  materially  affects  the  level  or  the  flow  of  boundary 
waters. 

Second.  That  the  last  half  of  question  three  is  not  a  restatement 
of  the  first  half  and  does  not  refer  to  physical  matters  at  all,  but 
on  the  contrary  calls  for  a  definite  recommendation,  indicating  by 
what  arrangement  between  the  two  Governments  or  the  high  con- 
tracting parties  the  recommendations  of  the  commission  can  be 
carried  into  effect,  and  the  rights  necessary  for  that  purpose  may  be 
lawfully  acquired. 

Third.  I  believe,  further,  that  the  Report  should  set  forth  the  rea- 
sons for  the  decision  of  the  commission  against  the  contentions  of 
counsel  for  both  Governments  and  for  private  interests  in  both  coun- 
tries to  the  effect  that  the  scope  of  the  reference,  and  the  duty  of 
the  commission  thereunder,  is  limited  by  certain  implied  "  restric- 
tions and  exceptions." 


SUPPLEMENTAL  CONCLUSIONS  AND  RECOMMENDATIONS. 

My  objection  to  the  supervision  and  control  recommended  in  the 
Final  Report  arises  out  of  the  firm  belief  that  it  is  not 

Gronndg  npon  which         /,.    -^i  i-.  ..i 

objrctiong  to  rommit-  sumciently  comprcheusive  to  meet  the  requirements 
Hion't  recommended  gf  ^jje  reference,  dispose  of  the  questions  therein  set 
forth  and  prevent  similar  questions  from  hereafter 
arising.  It  is  limited  exclusively  to  dams  and  regulating  works  "  ex- 
tending across  the  international  boundary,  including  the  dam  and 
regulating  works  in  the  Canadian  channel  at  Kettle  Falls  and  the 
dams  and  regulating  works  in  the  outlets  of  the  Lake  of  the  Woods." 
The  reference  does  not  limit  the  requested  examination  and  report 
or  the  recomendations  of  the  commission  to  the  use  of  the  waters  of 
the  Lake  of  the  Woods  and  the  water  flowing  from  that  lake;  it 
also  requests  consideration  of  the  most  advantageous  use  of  the  waters 
flowing  into  that  lake.  This  fact  is  recognized  by  the  commission  on 
page  2  of  the  Final  Report,  where,  in  interpreting  the  scope  of  the 
reference,  the  commission  says: 

In  the  judgment  of  the  commission  tlie  reference  calls  for  a  report  upon  all 
matters  pertaining  to  the  regulation  of  the  levels  of  the  Lake  of  the  Woods 
and  the  advantageous  use  of  its  waters,  shores,  and  harbors  and  the  use  of 
the  tcaters  flowing  into  and  from  the  lake,  and  the  effect  of  such  regulation 
on  all  public  and  private  interests  involved. 

That  the  commission  is  to  examine  and  report  upon  the  advan- 
tageous use  of  the  waters  of  this  entire  watershed,  including  those 
that  are  directly  or  indirectly  tributary  to  the  Lake  of  the  Woods. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         77 

is  further  sustained  by  the  language  of  question  3  of  the  reference 
wherein  the  two  Governments  ask: 

In  what  way  or  manner,  including  the  construction  and  operation  of  danis 
and  other  worliK  at  the  outlets  and  Inlets  of  the  lake,  or  in  thr  ttaters  which 
are  directly  or  indirectly  tributary  to  the  lake,  or  otherwise.  Is  It  iM>8sible 
and  advisable  to  regulate  the  volume,  use,  and  outflow  of  the  waters  of  the 
lake,  etc. 

No  one  has  claimed  that  the  two  Governments  in  submitting  the 
reference  did  not  realize  what  the  provisions  of  the  treaty  of  Jan- 
uary 11,  1909,  were  in  respect  to  the  exclusive  control  reserved  by 
each  Government  over  the  tributary  waters  within  its  territorial 
jurisdiction.  It  appears  from  diplomatic  correspondence  respect- 
ing the  "  Birch  Lake  diversion,"  preceding,  by  less  than  a  year, 
the  submission  of  the  present  reference,  that  the  exclusive  control 
of  these  tributary  waters  was  the  subject  of  special  diplomatic 
consideration.  The  Acting  Secretary  of  State  at  Washington,  in 
a  letter  dated  August  22,  1911,  replying  to  the  British  ambassador, 
concerning  the  proposed  diversion  of  Birch  Lake,  calls  attention 
to  the  fact  that : 

The  rightB  of  tlie  Inlfifsird  iiaiiirs  in  such  <-as»'  (diversion  of  waters  of 
Birch  Lake  wholly  within  U»c  lJrdte<l  States)  are  conclusively  establlsiitfil 
under  Article  II  of  the  treaty,  and  an  attempt  by  the  comnilsslon  tu  Inter- 
fere with  su<'h  rights  would  necessarily  be  lue(Tt>ctlve. 

Proceeding,  the  Secretary  says: 

Hnder  Article  IX  of  the  treaty,  however.  JurifMllctlon  is  conferreil  on  the 
conunission  to  examine  and  re|K)rt,  at  the  request  of  either  party,  upon  ull 
questions  not  otherwise  dealt  with  In  the  treaty,  which  Involve  the  rli;htx, 
obligations,  and  Interes-ts  of  either  party  in  relation  to  the  other,  or  to  the 
Inhabitants  of  the  other  along  tlielr  common  frontier,  and  It  would  be  agree- 
able to  this  Oovernment  to  take  up  witi)  the  Canadian  riovernnient  the  qOMh 
tion  of  requiring  the  commission  to  examine  Into  and  report  upi>n  a  feweral 
plan  lor  the  improvement  of  navigatiftn  and  potcrr  inlrrrnt*  of  all  thr  6oMN<f(iry 
watcrn  to  which  the  tcaUrn  referred  to  in  thin  wite  are  tributary. 

When  tiiis  language  is  read  in  connection  with  the  langnagv  above 
quoted  of  <|neKti<»n  three  of  the  iefen«nre  with  re»«|HH't  t<»  "dauis  or 
other  worii.s  at  (he  otitietK  and  inUM8  of  tlu'  lake  or  in  the  waters 
which  are  dii-ectly  or  intlirectly  tribnUiry  to  the  lake,*'  it  i»  clear 
that  the  scope  of  the  reference,  notwithstanding  Article  II  of  the 
treaty,  is  a.s  interpreted  by  the  conunisKion  itself  and  incliide«  Uio 
wat<«rK  of  the  entii  hod. 

Since  in  dcternui....^  ..,.u  the  most  advantageoua  iiw  of  the  waters 
of  (he  Lake  of  the  Woods  and  the  waters  flowing  into  and  from  that 
lake  can  he  8e<'uro<l,  ccmsideration  must  Ih»  given  to  all  tributary 
wa(ers,  a  recommendation  limiting  interimtionni  supervision  to 
boundary  waters  and  waters  tlowing  from  boundary  waters  can  not 


78  FINAL  EEPOET  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

be  justified  unless  it  can  be  shown  that  no  regulation  of  the  inflow 
into  houndary  waters  is  necessary  or  desirable,  or  otherwise  that 
the  interests  using  boundary  waters  are  sufficiently  protected  against 
any  possible  injury  from  the  use  of  or  interference  with  tributary 
waters.  This  is  not  shown,  nor  can  it  be. 
Interference  with  the  natural  flow  of  tributary  waters  may  be 
fraught  with  as  serious  consequence  to  the  interests 

storage  in  trIbaUrjr  .  -i.-ij-  •  <• 

lake*  In  dry  yean  ai    usmg  boundary  waters  as  the  total  diversion  of 
irriou  a«  total  dWer-    tributary  waters,  depending  largely  upon  the  mag- 

ilon  from  watenhed.  • ,      t        t  ^i         l.  i  n         •  \  •  i 

nitude  of  the  streams  whose  now  is  under  considera- 
tion and  the  uses  to  which  the  boundary  waters  are  being  put. 
In  the  Lake  of  the  Woods  watershed,  above  Rainy  Lake,  there 
are  a  number  of  large  tributary  lakes.  On  several  of  these  lakes 
more  than  an  entire  normal  year's  run-off  from  the  tributary 
watershed  can  be  stored.  The  less  the  annual  run-off,  and  con- 
sequently the  greater  the  demand  for  water  in  all  reservoirs  below 
where  regulation  to  increase  the  utilizable  flow,  as  against  the  de- 
pendable flow,  is  in  effect,  the  greater  becomes  the  relative  storage 
capacity  of  these  tributary  lakes.  The  storage  of  water  in  these 
large  tributary  lakes  on  either  side  of  the  boundary  during  dry 
years  will  result  in  as  complete  an  abstraction,  in  so  far  as  the 
advantageous  use  of  the  water  is  concerned.  To  illustrate,  the 
regulation  recommended  for  the  Lake  of  the  Woods  aims  to  increase 
the  dependable  outflow.  Under  this  method  of  regulation  all  water 
over  and  above  the  average  supply  of  the  most  extreme  period  of 
dry  years  occurring  perhaps  once  in  intervals  of  25  years  is  wasted. 
In  other  words,  water  stored  to  increase  the  dependable  outflow  from 
the  Lake  of  the  Woods  will,  on  an  average,  be  used  only  once  in 
about  25  years.  The  remainder  of  the  time  the  water  is  held  in 
the  reservoirs  pending  this  emergency.  Regulation  on  Rainy  Lake, 
on  the  other  hand,  has  as  its  object  the  greatest  possible  increase  in 
utilizable  flow.  Under  this  method  of  regulation  the  present  storage 
capacity  of  100  billion  cubic  feet  is  fully  utilized  every  few  years. 
The  impounding  of  water  in  tributary  lakes  in  the  upper  Rainy 
watershed  for  the  purpose  of  increasing  the  dependable  outflow 
from  the  Lake  of  the  Woods,  for  example,  would  result  in  as  com- 
pletely abstracting  these  waters  from  the  Rainy  Lake  supply  during 
ordinary  low-water  years  as  would  their  total  diversion.  Moreover, 
during  high- water  years  these  reservoired  lakes,  being  full,  would 
discharge  their  flood  waters  as  rapidly  as  they  flow  in.  This  would 
result  in  increased  flood  discharges  from  these  lakes.  In  this  way 
the  flood  inflow  into  the  reservoirs  below  would  be  increased  over 
what  they  were  in  a  state  of  nature,  and  consequently  the  effective 
storage  capacity  of  these  reservoirs  would  be  reduced.  Similarly, 
any  storing  of  water  during  the  winter  months  and  the  discharge 


FINAL  BEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         79 

of  such  waters  during  the  log-sluicing  season  of  early  summer  re- 
sults in  reducing  the  low-water  flow  and  increasing  the  flood  flow 
from  all  lakes  so  used.  It  would  appear  entirely  reasonable  to  limit 
the  storing  of  inflow  into  reservoirs  to  the  period  during  the  spring 
break-up  when  there  is  an  excessive  supply  or  at  other  times  when 
the  water  supply  is  ample.  In  view  of  the  development  of  tlie  Lake 
of  the  Woods  and  the  Rainy  Lake  reservoirs  at  relatively  large  cost, 
as  well  stated  in  the  Final  Report,  it  would  appear  unwise  to  permit 
either  such  diversion  or  such  use  or  interference  with  the  natural 
How  of  tributary  waters  as  would  materially  lessen  the  value  of 
these  reservoirs  for  which  they  were  created. 

Although  it  may  be  urged  that  interests  in  one  country  injured 
by  the  use,  diversion,  or  mterference  with  the  natural  flow  of 
tributary  waters  on  the  other  side  of  the  line,  may,  under  Article  II, 
seek  redress  in  the  courts  of  the  country  in  which  such  use,  diver- 
sion, or  interference  occurs,  nevertheless  it  would  seem  far  more 
conducive  to  the  harmonious  use  and  development  of  the  resources 
of  this  region,  and  to  the  promotion  of  friendly  relations  between 
the  people  of  the  two  coimtries,  to  have  the  extent  of  such  poesible 
injury  determined  in  advance  by  an  international  tribunal  than  to 
rely  upon  later  awards  for  damage  by  the  courts  of  one  naticm  or 
the  other. 

Free  and  unrestricted  use  of  tributary  waters  will  sooner  or  later 
give  rise  to  questions  of  difference  between  the  two  Governments  or 
the  inhabitants  of  the  two  countries.  Moreover,  it  would  seem  per- 
tinent to  ask  why  international  supervision  should  be  exercised  over 
boundary  waters  so  as  to  permit  of  the  most  advantageous  use  of  the 
waters  ffowing  from  boundary  waters  and  no  superrisioD  be  exer- 
cised over  waters  flowing  into  boundary  waters  so  as  to  permit  of 
the  most  advantageous  use  of  boundary  watert.  I  believe  inter- 
national supervision  should  be  exercised  over  aU  the  waiere  of  this 
watershed  so  as  to  permit  of  their  most  advantageous  use,  comideMd 
as  a  whole. 

If  the  sii))ervision  and  control,  reooniniended  in  the  Final  Report, 

B«r«r«M«  eoauv  ^^  limited  to  boundary  waters  because  no  control 
putM  waiTff  of  AHi-    (,f  tril)titarv  waters  is  authorizeil  under  the  treaty, 

rU   II   of  UtiAi  M   It  .«..*,.,•  .  ,      , 

m»um  u  thM«  wa-  or  if  it  18  claimed  that  any  system  of  control  that 
**^  would  include  waters  directly  m*  indirectly  tribu- 

tary to  boundary  waters  would  contravene  the  provisions  of  Article 
II  of  the  treaty,  and  that  therefore  the  oommiMion  ooold  not  recom- 
mend supervision  over  tributary  waters,  then  I  respectfuUy  sag|Ml 
that  this  is  not  a  question  for  the  oommisiion  to  decide. 

If  the  parties  to  the  reference  intended  that  in  its  examination 
of  the  questions  submitted  to  it  the  commtan<»  should  not  coMkUr 
waters  tributary  to  these  boundary  waters,  they  would  have  excepted  • 
108089-lT • 


80  FINAL  REPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

such  waters  from  consideration,  as  provided  in  Article  IX  of  the 
ti-eaty. 

The  scope  of  the  recommendations  which  the  two  Governments 
desire  the  commission  to  make  can  not  be  ascertained  from  the 
treaty.  It  can  only  be  ascertained  from  the  reference,  and  from 
this  it  appears  that  the  two  Governments  desire  to  know  whether 
the  proper  regulation  of  the  level  of  the  Lake  of  the  Woods  and 
the  most  advantageous  use  of  the  inflow  and  the  outflow  can,  among 
otiier  ways,  be  best  secured  through  the  construction  and  operation 
of  dams  and  regulating  works  in  the  waters  which  are  directly  or 
indirectly  tributary  to  that  lake.  Since,  through  the  treaty,  both 
Governments  have  expressly  reserved  to  themselves  exclusive  juris- 
diction over  tributary  waters,  they  must,  in  using  the  above  lan- 
guage, deliberately  have  waived  the  provisions  of  Article  II  of  the 
treaty  in  so  far  as  it  applies  to  the  tributary  waters  of  this  region. 

If  the  system  of  supervision  and  control  which  will  best  serve  to 
secure  the  advantageous  use  of  the  waters  of  this  watershed,  to  main- 
tain the  recommended  level  on  the  Lake  of  the  Woods  and  best  pro- 
vide for  tlie  harmonious  development  and  the  protection  of  all 
interests  involved,  and  which  will  best  serve  to  promote  friendly 
relations  between  the  two  Governments  and  the  inhabitants  of  the 
two  countries,  can  not  be  placed  in  operation  under  the  provisions 
of  the  existing  treaty,  the  high  contracting  parties  may,  by  a  joint 
declaration,  provide  that  Article  II  ''stand  in  abeyance"^  in  so  far 
as  the  same  applies  to  the  waters  of  this  region;  or  they  may  make 
a  new  convention  for  the  purpose  of  putting  into  force  and  effect 
the  system  recommended,  notwithstanding  this  article. 

That  the  most  advantageous  use  of  the  waters  of  the  Lake  of  the 
Woods  and  of  both  the  waters  flowing  into  and  those  flowing  from 
the  lake  is  made  the  basis  for  consideration  in  this  investigation,  and, 
as  previously  stated,  is  so  recognized  by  the  commission  in  its  Final 
Report,  yet  the  recommendations  are  not  entirely  consistent  in  this 
regard.  Even  as  they  stand  these  recommendations  are  not  wholly 
within  the  provisions  of  the  treaty.  For  example,  the  level  recom- 
mended for  the  Lake  of  the  Woods  reduces  the  amount  of  potential 
water  power  in  the  United  States  at  the  Long  Sault  Rapids  on  the 
Rainy  River  by  about  1,000  horsepower  below  what  would  be 
available  if  the  level  which  would  best  serve  all  the  interests  on  the 
United  States  side  were  recommended  and  which  would  give  the 
United  States  full  enjoyment  of  the  one-half  of  the  available  bound- 
ary water  supply  to  which,  under  Article  VIII  of  the  treaty,  it  is 
entitled.  However,  this  commission  is  unanimously  of  the  opinion, 
as  stated  on  page  26  of  the  Final  Report,  that  inth  proper  compen- 

^  This  Is  quite  common.  It  was  done  by  Great  Britain  and  France  in  respect  to  Egypt 
and  Morocco  in  their  declaration  of  Apr.  8,  1904. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         81 

sation  to  all  property  and  interests  injuriously  affected  the  recom- 
mended level  will  permit  of  the  most  advantageous  use  of  tbeee 
waters.  In  other  words,  the  basis  for  the  recommendation  is  the 
advantageous  use  of  the  waters  under  consideration  without  reference 
to  treaty  provisions. 
It  does  not  appear  reasonable  to  adhere  to  the  provisions  of  the 
treaty  if  by  deviation  from  those  provisions  the 
■w  OB  uppw  water-  beneficial  use  of  these  waters  as  a  whole  may  be 
sh«i  low  to  United    crjeatly  increased.    There  would  seem  to  be  no  good 

Sttteii      Inlerestfi      be-  *^  •  i         i  i 

rsuHe  of  Lake  of  the    leason  whv  One  nation  should  not  accept  compen- 
woou.  lejeb  coaid  b«    satiou  for  a  right  possessed  under  the  treaty  which, 

rorapemiated  for.  •«•!•  -ii-  •/»• 

if  relmqmshed  in  a  specific  instance,  would  permit 
its  neighbor  to  enjoy  benefits  otherwise  lost  to  both  nations  aggre- 
gating many  times  the  value  of  that  which  has  been  relinquished. 
When  it  is  impracticable  to  give  money  comi^ensation  it  may  be 
possible  to  give  comj)ensation  in  kind.  For  example,  Canada  might 
])rovide  reservoir  storage  on  the  upper  Rainy  watershed  and  thus 
supply  an  amount  of  water  whose  power  was  equivalent  to  that  lost 
by  the  United  States  as  the  result  of  the  maintenance  of  a  level  on 
the  Lake  of  the  Woods,  which  reduces  the  available  power  at  the 
liong  Sault  Rapids. 

It  has  likewise  been  pointed  out  in  the  Final  Report  that  the 
most  advantageous  use  of  the  waters  of  the  Upper  Rainy  water- 
shed for  power  ptirposes  on  that  watershed  and  on  the  Winnipeg; 
River,  considered  as  a  whole,  could  be  secured  by  limiting  the 
rate  of  discharge  from  Rainy  Lake  whenever  ston>d  water  is 
being  drawn  upon  to  a  rate  of  about  8,000  c.  f.  s.,  but  that  such 
regulation  would  reduce  the  available  water  power  at  Interna- 
tional Falls  and  Fort  Frances  by  substantially  1,000  horsepower, 
or  one-twentieth  of  the  total  power  nvailnble  at  that  site.  Sudi 
regulation,  while  resulting  in  a  loss  of  alNiut  .'tOO  horsepower  to 
the  United  States,  would  increase  tiie  potential  water  power  on  the 
Winnipeg  River  in  (^inada  by  about  2r>,(HH)  horsepower.  For  some 
years  to  come  Canada  will  not  re<|uin'  this  additional  power,  but 
when  that  time  comes  the  situation  can  be  met  if  Canada  will  pro- 
vide reservoir  storage  on  tribuUiry  Inki's  within  her  borders,  sad 
in  this  way  supply  an  amount  of  wat«>r  rapabie  of  dowlopiiv 
power  equivalent  to  that  which  the  United  States  woald  km 
under  the  mo<lified  i*egulation  of  the  outflow  fnm  Rainy  Lake. 
Evidently,  since  such  storage  would  be  created  for  the  porpoae  of 
reimbursing  the  Unit<»d  SUtw,  international  suponriaion  over  the 
regulating  works  controlling  this  storage  would  ba  eMintial  if 
the  intended  reinibursenu'nt  is  in  fact  to  ba  rtaliaed. 

Without  a  comprehensive  plan  of  intenuilianal  supervision  orar 
all  the  waters  of  the  watershed,  international  qiinationn  or  matters 


82  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

of  difference  will  not  be  prevented  from  arising  hereafter,  espe- 
cially when,  as  at  the  present  time,  power  and  commercial  devel- 
opment in  the  Lake  of  the  Woods  region  is  a  matter  of  such  tre- 
mendous importance  to  the  people  of  both  countries.  Without 
international  supervision  the  difficulties  which  have  attended  every 
development  yet  completed  or  projected  on  this  watershed  will  not 
be  removed. 

At  present  it  is  the  undoubted  right  of  both  Governments  within 
their  respective  jurisdictions  and  subject  to  the 
thetewlunlloSSill  provisions  of  the  treaty  under  which  this  refer- 
lubordiuud  to  laUt-  ence  is  submitted  to  use  these  boundary  waters, 
"u.M'do'bSSSi«'i!''  including  waters  flowing  therefrom  and  their 
tributary  waters,  for  any  purpose  and  in  their 
own  interest  or  for  the  benefit  of  their  respective  peoples.  This  use 
also  involves  State,  provincial,  corporate,  and  private  rights;  these 
latter  rights,  except  commercially,  are,  however,  on  account  of  possi- 
ble international  differences  arising  out  of  their  exercise,  subordinate 
in  rank  and  importance  to  the  international  rights  involved. 

Hence,  the  regulation  of  the  level  and  flow  of  these  waters,  to- 
gether with  the  supervision  and  control  over  all  dams  and  regu- 
lating works  therein,  should,  as  far  as  practicable,  be  removed  from 
private,  local  governmental,  and  even  national  interest  and  influ- 
ence, not  only  for  the  purpose  of  securing  their  most  advantageous 
use  in  both  countries,  considered  as  a  whole,  and  the  protection  and 
development  of  all  interests  involved,  but  also,  and  what  is  far  more 
important,  for  the  purpose  of  preventing  disputes  between  the  two 
Governments  or  the  inhabitants  of  the  two  countries  hereafter  from 
arising  on  account  of  such  use. 

For  these  purposes,  regulation,  supervision,  and  control  need  not 
be  exclusively  international.  Its  primary  object  would  be  to  protect 
navigation  interests  of  both  countries  in  these  lakes  and  rivers  in 
both  high  and  low  water  periods;  to  protect  the  rights  of  riparian 
owners  during  seasons  of  excessive  inflow  into  the  reservoirs,  while 
at  the  same  time  permitting  the  most  advantageous  use  of  the  waters 
for  power  purposes,  leaving  to  the  owners  of  all  dams  and  regu- 
lating works  therein  the  right,  subject  to  the  limitation  of  such 
international  control,  to  use  the  same  under  their  respective  local 
governmental  jurisdiction  for  the  purposes  for  which  they  were 
built  and  are  maintained. 

I  maintain,  therefore,  from  the  standpoint  of  the  scope  of  the 
reference,  from  the  standpoint  of  securing  the  most  advantageous 
use  of  the  waters  of  this  entire  watershed,  and  also  from  the  stand- 
point of  a  sound,  comprehensive  international  policy,  that  what  is 
necessary  and  what  the  two  Governments  desire  is,  that  the  advisory 
judgment  of  the  International  Joint  Commission  shall  be  sufficiently 


FINAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         83 

broad  and  comprehensive  to  cover  the  control  of  all  the  waters  out 
of  which  previous  and  pending  questions  of  difference  arose,  or  out 
of  which  similar  questions  may  hereafter  arise. 

In  view  of  this  I  respectfully  recommend  that,  subject  to  the  limi- 
tations already  set  forth  in  the  Final  Report,  the 

soperriiiom  Md  eon-   International  Joint  Commission  be  authorize*!  to 

trol  orer  exJstlBg  »nd  •    •  j  i 

«ii  future  d«mi  or  exercise  supervision  and  control  over  the  opera - 
or'IuTwiitenfcel*"  *^°^  ®^  *^^  dams  and  regulating  works  already  con- 
structed or  which  will  hereafter  be  constructed, 
whether  in  boundary  waters  or  in  waters  flowing  therefrom  or  in 
tributary  waters  but  which  will  materially  affect  the  level  or  the  flow 
of  the  boundary  waters  of  the  Lake  of  the  Woods  watershed. 

And  further,  that,  as  a  matter  of  sound  international  policy, 
neither  Government  should  permit  any  use  or  diversion  or  inter- 
ference with  the  natural  flow  of  any  waters  within  its  jurisdiction 
which  are  tributary  to  the  boundary  waters  under  consideration, 
and  which  would  result  in  any  injury  on  the  other  side  of  the 
boundary,  without  the  approval  of  the  International  Joint  Com- 
mission, and  that  the  decision  of  the  commission  in  all  such  cases 
be  made  final.  As  a  condition  of  its  approval  said  commission  should 
require  that  suitable  and  adequate  provision,  approved  by  it,  be  made 
for  the  protection  and  indemnity  of  all  interests  on  both  sides  of  the 
line  which  may  be  injured  as  the  result  of  such  use,  diversion,  or 
interference  with  the  natural  flow  of  waters  tributary  to  the  bound- 
ary waters  under  consideration. 

If  international  supervision  over  the  entire  watershed  is  adopted, 
with  a  view  of  securing  the  most  advantageous  use  of  its  waters, 
considered  as  a  whole,  and  after  the  demand  for  water  power  on  the 
Winnipeg  Hiver  makes  it  desirable  to  further  increase  the  depend- 
able outflow  from  the  Lake  of  the  Woods  over  and  above  that  con- 
templated in  the  recommendations  of  the  commission,  said  inter- 
national control  over  the  regulating  works  at  the  outlets  of  Rainy 
Lake  and  Lake  Namakan  may  be  exercised  with  a  view  of  limiting 
the  rate  of  discharging  waters,  whenever  neceasary,  to  such  a  rate 
as  will  assure  that  Rainy  Lake  and  the  lakes  above  Kettle  Falls  will 
be  full  at  the  beginning  of  a  dry  period  of  years  by  the  time  it  lie- 
comes  necessary  to  draw  on  the  stored  water  on  the  Lake  of  the 
Woods.  Such  modifications  in  the  method  of  r<>gulating  the  outflow 
from  Rainy  Lake  in  the  interest  of  power  development  on  the  Win- 
nipeg River  shall  not  be  adopted,  however,  until  Canadian  intereatii 
shall  first  have  provided  additional  storage  on  the  Oanadian  aide  of 
the  Upper  Rainy  watershed  to  compensate  for  the  Iocs  of  power 
which  SQch  change  in  the  method  of  regulating  the  outflow  from 
Rainy  Lake  will  enUil  upon  the  power  intentti  on  the  United  Slitce 
side  of  the  Rainy  River. 


84  FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

MEANS  OB  ABBANOEMENT  FOB  MAKING  BECOMMENDATION 

EFFECTIVE. 

As  I  interpret  the  last  half  of  question  three,  it  calls  for  a  specific 
AMwer  to  qoMtion    recommendatioii.     On   the   other  hand,   the   com- 
»  in  flnti  report  ia-    mission  has  not  so  interpreted  it,  and  in  consequence 
'**"'*  ■  the  Final  Report  contains  no  recommendation  on 

the  subject  of  the  "  means  or  arrangement "  necessary  to  the  proper 
construction  and  operation  of  regulating  works  or  as  to  how  best  to 
secure  and  maintain  a  system  or  method  of  regulation.  As  I  con- 
fi^true  it,  question  three  involves  not  one  but  two  separate  and  distinct 
recommendations : 

First.  '•  In  what  way  or  maimer,  including  tlie  construction  and  operation  of 
danjs  and  other  works  at  the  outlets  and  inlets  of  the  lake,"  or  in  its  trH)utary 
waters,  "  or  otherwise,  is  it  possible  and  advisable  *  *  *  to  maintain  the 
level  recommended  in  answer  to  question  one."     *     »     * 

Second.  "  By  what  means  or  arrangement  can  the  proper  construction  and 
opwation  of  regulating  works,  or  a  system  or  method  of  regulation  be  best 
securjed,"  etc. 

There  is  a  wide  distinction  between  the  physical  character  of  tlie 
dams  and  other  works  by  which  it  is  possible  and  advisable  to  regu- 
late and  maintain  the  recommended  level  and  the  "  means  or  arrange- 
ment "  by  which  these  regulating  works  can  be  properly  constructed, 
operated,  and  maintained,  or  a  method  of  regulation  be  best  secured. 
Both  are  equally  eesential.  Without  the  physical  structures  or  the 
right  to  exercise  a  limited  control  over  existing  structures  there 
could  be  no  regulation.  It  is  equally  true  that  without  some  ar- 
rangement between  the  parties  for  the  acquisition  of  the  necessary 
right  to  construct  these  works  or  the  right  to  a  limited  control  in 
the  operation  of  existing  structures,  and  the  right  to  submerge 
riparian  lands  in  consequence  thereof,  the  physical  means  necessary 
for  such  control  and  regulation  could  not  be  secured,  operated,  or 
maintained.  Without  either  or  both,  none  of  the  recommendations 
under  the  reference  could  be  made  effective  and  the  questions  of 
difference  between  the  parties  would  remain  unsettled. 

The  words  "the  proper  construction  of  regulating  works"  does 
not  call  for  a  recommendation  as  to  a  plan  with  specifications  for 
the  construction  and  operation  of  these  works.  This  would  be  an 
engineering  detail  entirely  foreign  to  the  subject  matter  of  the  ref- 
erence. On  the  other  hand,  where,  as  in  this  case,  the  right  does  not 
exist,  proper  construction  involves  the  acquisition  of  the  right  to 
construct,  operate,  and  maintain,  together  with  the  right  to  overflow 
riparian  lands.  Neither  Government  possessing  these  rights  and 
havmg  no  authority  to  acquire  the  same,  either  jointly  or  severally 
for  the  benefit  of  the  other,  within  their  respective  jurisdictions, 


Platb  17. 


KRONT  8TRKKT,  FORT  FRANCRl*. 


FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.         85 

they  have,  as  I  claim,  very  naturally  asked  this  commission  to  make 
an  appropriate  recommendation  in  the  premises. 

The  particular  thing  required  for  the  accomplishment  of  a  certain 
purpose  is  an  altogether  different  proposition  from  the  "  means  or 
arrangement"  by  which  the  thing  thus  required  can  be  properly 
obtained.  They  involve  altogether  different  considerations.  Hence, 
as  I  construe  it,  the  last  part  of  question  three  means:  How  can  the 
necessary  rights  for  the  proper  construction,  maintenance,  and  oper- 
ation of  the  controlling  works,  recommended  in  answer  to  the  first 
part  of  question  three,  or  a  system  of  regulation,  etc.,  "be  best 
secured  and  maintained  ?  " 

The  construction,  operation,  and  maintenance  of  the  necessary  con- 
trolling works,  or  the  recommended  system  of  regulation,  including 
supervision  and  control,  involves  the  rights  and  interests  of  both 
Governments  and  of  the  inhabitants  of  both  countries. 

The  questions  set  forth  in  the  reference  have  arisen  out  of  the 
independent  use,  for  about  30  years,  of  a  common 

Rights  BfCMMry  to  ,,  '.,  ,  ^  tx- 

sMorc  and  mminuiB  natural  resource,  viz,  boundary  waters.  During 
recommended  regnia-  t^jg  period  such  use  gave  risc  to  seHous  differences 
between  the  people  of  the  two  countries,  and  was 
also  the  subject  of  diplomatic  correspondence  between  the  Govern- 
ments. The  maintenance  of  the  level  now  recommended  for  the 
Ijake  of  the  Woods,  not  only  in  the  interest  of  navigation  in  both 
countries,  but  of  power  development  in  Canada,  neoeantates  the 
acquisition  of  flowage  and  other  rights,  because  only  in  this  way 
can  the  most  advantageous  use  of  these  waters  be  rightfully  and 
permanently  secured.  Regulation  in  the  interest  of  nsTigation 
alone  does  not  necessitate  the  acquisition  of  flowage  above  elcration 
1,062  sea-level  datum,  but  this  interest  requires  a  minimum  stags 
above  1,066.  The  Winnipeg  River  water-power  intsreats  require  a 
certain  range  in  levels  over  a  long  period  of  years  in  order  to  ssetire 
a  satisfactory  uniform  rate  of  outflow  from  the  lake.  If  it  wers  not 
necessary  to  keep  the  low-wator  stage  above  1,056  during  the  naviga- 
tion season,  however,  the  range  required  by  the  power  interests  could 
be  secured  below  ordinary  high- water  mark  in  a  state  of  nature.  In 
other  words,  neither  the  water-power  interests  o^oim,  nor  the  naviga- 
tion interests  ai&ney  require  flowage  above  elevation  1,064,  but  hotfi 
interests  using  the  waters  of  the  Lake  of  the  Woods  9inmUmtou*ly 
do  require  flowage  above  that  elevation. 

In  addition  to  securing  these  flowage  rights,  it  will  bo  nsosssary 
also  to  acquire  the  right  to  enlarge  outlets,  to  construct  and  maintain 
dams  or  other  controlling  works,  and  to  acquire  the  right  to  control, 
in  part  at  least,  for  the  purposes  above  set  forth,  existing  dams  aiul 
controlling  works  in  these  boundary  waters  and  in  watsn  flowing 
into  and  from  them. 


86  FINAL  EEPOBT  OP  THE  INTEENATIONAL  JOINT  COMMISSION. 

Any  arrangement  for  the  acquisition  of  these  necessary  rights  in- 
volves the  taking  of  private  property  within  the 
ArrtBfCHeBt  for    jurisdiction  of  both  Governments. 

arqairiniir    neee«»mry 

righu  of  flowage,  tu.  If  the  recommendations  are  approved,  they  can 
be  made  effective  only  by  a  special  agreement  be- 
tween the  high  contracting  parties  under  Articles  III  and  IV  of 
the  treaty  of  January  11,  1909,  or  by  virtue  of  a  new  treaty.  In 
my  judgment,  the  above  treaty  clearly  authorizes  such  an  agree- 
ment, and  in  it  the  "means  or  arrangement"  referred  to  in  ques- 
tion 3,  by  which  the  acquisition  of  all  necessary  rights  may  be 
provided  for.  These  necessary  rights  can  not  be  acquired,  however, 
in  either  country  except  in  accordance  with  the  principle  of  due 
process  of  law  and  just  compensation.  The  procedure  for  their 
acquisition  must,  therefore,  and  in  any  event,  satisfy  all  the  legal 
requirements  of  both  countries  in  respect  thereto.  This  plan  of  pro- 
cedure, then,  should  in  the  main  include: 

First.  A  declaration  by  the  high  contracting  parties  setting  forth 
the  purposes  for  which  the  taking  of  property  is  necessary.  This 
should  be  stated  to  be,  primarily,  to  settle  the  pending  questions  of 
difference  set  forth  in  the  reference  and  to  prevent  similar  questions 
from  hereafter  arising  between  the  parties  along  this  part  of  their 
common  frontier  on  account  of  the  independent  use  of  these  boundary 
waters,  and  by  providing  for  their  most  advantageous  use  hereafter 
in  both  countries,  as  recommended  by  the  commission.  This  would, 
constitute  a  public  use  and  authorize  the  taking  of  property  for  this 
use  under  the  power  of  eminent  domain  and  expropriation. 

This  declaration  should  also  set  forth  how  the  use  of  the  property 
to  be  taken  will  accomplish  the  declared  purpose  of  its  taking.  It 
should  likewise  contain  a  general  description  of  the  property  to  be 
taken,  including  a  description  and  the  location  of  such  necessary 
structures,  excavation,  etc.,  in  the  outlets  and  inlets  of  the  lake  and 
in  its  tributary  waters,  and  the  nature  and  extent  of  any  rights  re- 
quired for  the  operation  and  control  of  any  existing  structures 
deemed  necessary  in  connection  therewith. 

Second.  It  should  also  authorize  the  appointment  of  a  special 
commission,  consisting  of  two,  one  from  each  country,  or  authorize 
and  direct  the  International  Joint  Commission,  in  the  name  of  the 
United  States  and  the  Dominion  of  Canada,  to  acquire  the  property 
described  by  purchase  or  to  proceed  for  that  purpose  by  public 
hearings,  upon  due  notice  to  all  parties  in  interest,  of  the  time  and 
place  of  each  hearing,  and  ascertain  from  competent  evidence  the 
ownership  and  reasonable  value  of  the  land  to  be  taken,  destroyed, 
or  damaged,  as  follows :  Along  the  shores  of  the  Lake  of  the  Woods 
between  the  meandered  shore  line  and  contour  1064.  And,  when 
directed  so  to  do,  along  the  shores  of  Rainy  Lake  between  ordinary 


FINAL  BEPOBT  OF  THE  INTBBNAnONAL  JOINT  COMMISSION.         87 

high- water  mark  under  natural  conditions  and  contour  501,  public 
works  datum.  Along  the  shores  of  Lake  Namakan  l>etween  ordinary 
high  water  under  natural  conditions  and  contour  olfi,  public  works 
datum. 

And  in  the  same  manner  ascertain  in  each  separate  case  the  owner- 
ship and  reasonable  value  of  any  existing  structures  in  the  outlets 
and  inlets  of  the  Lake  of  the  Woods  or  in  the  outlets  and  inlets  of 
any  of  its  tributary  waters,  the  taking  of  which  is  deemed  necessary 
for  such  proposed  use,  and  the  reasonable  value  of  the  right  to  con- 
trol and  regulate,  in  common  with  the  owner,  the  operation  of  any 
existing  physical  structures  in  said  outlets  and  inlets,  whether  pub- 
licly or  privately  owned,  where  it  appears  from  said  declaration  to 
be  necessary  to  acquire  such  right  of  limited  control. 

And  in  the  same  manner  ascertain  the  ownership  and  reasonable 
^  alue  of  any  and  all  other  property  taken,  destroyed,  or  damaged 
for  the  purpose  of  such  public  use,  such  as  lands,  buildings,  etc,  used 
in  connection  with  fisheries  on  said  lakes,  camp  sites,  docks,  wharves, 
boathouses,  and  other  property  owned  and  used  in  connection  with 
the  ownership  and  occupancy  of  any  island  in  said  lakes  for  residence 
or  for  other  purposes. 

And  in  the  same  manner  to  ascertain  in  each  case  the  damage,  if 
any,  sustained  by  any  organized  or  unorganized  municipality  or 
village  on  account  of  the  levels  of  the  Lake  of  the  Woods  and  Rainy 
I^ake  l)eing  maintained  as  recommended,  including  also  any  injurious 
effect  on  that  account  upon  the  sewerage  and  drainage  system  in 
use  therein. 

In  ca.se  it  is  agreed  that  the  International  Joint  Commission  shall 
proceed  as  hereinbefore  set  forth,  ^aid  comnii.ssion  ."Uiould  l)c  author- 
ized to  appoint  u  conunittee  or  conunittei>s  of  its  own  members  to 
hear  and  I'eport  to  it  the  evidence  taken  and  to  issue  commiisiions 
to  take  and  return  testimony  for  the  purposes  herein  stated. 

At  the  conclusion  of  said  hearings,  and  aft<*r  careful  consideration 
of  all  evidence,  said  conunission  sliould  make  and  sipi  its  award  in 
each  separate  ca.se  as  to  the  ownership  and  the  aniount  of  damage 
awarded  to  the  owners  of  or  other  parties  legally  interested  in  tiM 
land  so  taken.  Also  in  all  cases  whore  the  value  of  dams  or  other 
contn)lling  works  aro  involved,  or  where  only  the  right  of  a  Um« 
ited  control  is  acquired  for  the  purintse  of  accomplihliing  and  main- 
taining the  roconunendcd  .system  of  .sU|>ervi8ion  and  control.  It 
hhould  also  Ih»  directctl  to  prtKX'ed  in  like  manner  and  make  and 
sign  its  award  in  all  other  ca.sco  involving  damage  to  property  otlier 
than  tiiat  alK)ve  mentioned  but  descrilnxi  in  said  declaration. 

In  ciiH*  .said  connni.s.sion  (if  it  is  a  8|)ecial  commiflsion  creeled  for 
this  purpose)  .siiouKI  bi>  unaltle  to  agree  u|K)n  iU  awerd  in  any  eeee, 
the  memU'i-s  thereof  shoidd  Iks  authorixetl  to  select  a  third  memlier 


88  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

from  either  country,  whose  diit}^  it  shall  be  to  carefully  consider  all 
the  evidence  in  such  case  and  then  join  with  one  or  the  other  of  said 
commissioners  and  with  him  make  and  sign  its  award  in  said  case, 
which  award  shall  be  taken  as  the  final  award  of  said  commission 
in  that  particular  case. 

In  case  any  owner  of,  or  other  party  legally  interested  in,  land 
lying  along  the  shores  of  any  of  the  waters  herein  mentioned  waives 
his  or  its  right  to  compensation  for  any  land  taken,  destroyed,  or 
damaged,  such  waiver  shall  be  in  writing,  duly  signed  and  acknowl- 
edged by  the  maker,  and  said  commission  should  be  authorized  to 
receive  and  accept  the  same  as  the  basis  of  its  award  in  that  case. 

Third.  Said  award,  when  made  and  signed,  should  then  be 
reported  to  and  filed  in  the  Federal  courts  of  both  countries  within 
whose  jurisdiction  the  land  or  other  property  described  therein  is 
situated,  and  at  the  same  time  said  commission  should  also  file  in 
said  court,  with  its  awards,  copies  of  all  notices,  and  on  whom  served, 
of  the  times  and  places  of  such  hearings,  etc.;  also  maps,  if  any, 
showing  the  location  of  said  lands  or  other  property,  and  also  the 
evidence  taken  in  each  case  upon  which  said  awards  are  based. 

Fourth.  The  filing  of  said  report  and  awards  should  be  taken  and 
deemed  to  be  the  commencement  of  an  action  therein  for  the  pur- 
poses set  forth  in  said  special  agreement.  Thereafter,  and  upon  the 
application  of  either  (Jovcmment,  the  court  shall  make  and  enter 
its  order  directing  that  the  applicant  or  applicants  for  such  order 
shall  cause  notices  to  be  served  upon  or  given  to,  at  their  own  cost 
and  expense,  the  owner  of  land  or  other  property  descril)ed  in  each 
of  said  awards,  and  upon  any  party  who  it  appears  therefrom  is 
legally  interested  therein.  Said  notices  should  be  to  the  effect  that 
the  report  and  awards  of  said  commission  have  been  duly  filed,  the 
amount  thereof,  and  that  if  the  owner  of  said  land  or  other  property 
is,  for  any  rea.son,  unwilling  to  accept  the  same,  he  may,  within  60 
days  from  the  date  of  the  service  of  said  notice,  appeal,  specifying 
fully  his  ground  of  appeal.  Either  Government  may  also  and  in 
like  manner  appeal.  Such  appeal  may  be  noticed  for  trial,  as  in 
the  case  of  other  civil  actions  in  said  court,  and  all  proceedings  there- 
after had  thereon  shall  conform  to  the  rules  governing  the  trial  of 
similar  cases  in  said  courts. 

At  tlie  conclusion  of  the  trial  of  all  such  appeals,  judgment  shall 
be  entered  upon  the  verdict  or  decision  fixing  the  amount  of  damages 
payable  to  the  several  parties  concerned  and  prescribing  the  terms 
and  conditions  of  the  taking.  I'pon  payment  of  said  damages,  cost 
and  interest,  if  any,  the  Governments,  or  either  of  them,  shall  be 
permitted  to  take  possession  of  said  lands  or  other  property  and 
appropriate  the  same  to  the  public  use  for  which  it  has  been  taken. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         89 

subject  to  the  provisions  of  such  judgment;  and,  until  reversed  or 
modified  in  a  diie<'t  proceeding  be^im  for  that  i)urpose.  said  judg- 
ment sliall  be  binding  upon  all  parties  thereto  and  ui)on  their  respec- 
tive successors  and  assigns. 

In  all  cases  where  no  appeal  is  taken  from  the  awards  of  said 
commission  within  the  time  fixed  by  said  notice,  the  judgment  of 
the  court  shall  likewise  be  entered  and  have  the  same  force  and 
effect  as  in  cases  where  verdicts  or  decisions  on  appeals  have  been 
lendered,  provided  that,  where  judgment  is  entei'ed  upon  the  award 
without  appeal,  it  shall  be  for  an  amount  equal  to  10  per  cent  in 
excess  of  the  amount  of  the  award,  and  all  awards  shall  bear  interest 
at  the  rate  of  6  per  cent  per  annum  fi'om  the  date  of  their  being  filed 
in  said  court. 

Fifth.  It  should  also  be  provided  that  either  of  the  Provinces,  or 
the  State  of  Minnesota,  or  any  person  or  corporation  in  either 
country  interested  in  the  ultimate  use  of  said  waters,  shall  be  per- 
mitted to  appear  at  said  hearings  and  present  in  its  or  their  own 
behalf  any  material  evidence  relating  to  the  subject  matter  of  the 
hearings. 

Sixth.  As  to  lands  or  other  property  in  Minnesota  all  awards  not 
appealed  from,  and  all  awards  confirmed  by  the  court  should,  in  the 
first  instance,  be  made  a  charge  upon  the  United  States.  As  to  lands 
or  other  property  in  one  or  more  of  the  Provinces,  all  awards  not 
appealed  from,  as  well  as  those  confirmed  by  the  court,  should,  in 
the  first  instance,  be  made  a  charge  upon  the  Dominion  of  Canada. 

Seventh.  The  commission  should  be  authorized  to  apportion  the 
total  cost  of  acquiring  the  property,  fiowage,  and  all  other  rights 
necessary  to  the  proper  construction  or  control  of  all  danus  and  other 
regidating  works,  or  to  the  nmintenance  of  the  system  of  regulation, 
supervision,  and  control,  recommended  either  in  the  Final  Report,  or 
herein,  between  the  United  Stateii  and  the  Dominion  of  CaiUMU,  on 
the  basis  of  the  benefits  secured  by  eacli,  or  upon  such  other  h&ut  M 
may  appear  to  the  oommiiwion  just  and  equitable.  The  decision  of 
the  commission  in  this  reepect  should  be  made  final.  If  it  should 
happen,  however,  that  either  country  was  liable  under  suoh  appor- 
tionment for  a  sum  greater  than  the  amount  adjudged  and  charged 
against  it  in  the  first  instance  under  the  sixtli  paragraph  hereiu,  the 
amount  of  such  exc6M  should  be  stated  and  reported  to  both  Gov« 
( rnments  as  the  finding  of  the  commission,  and  made  a  final  charge 
against  that  Uovomnient  in  addition  to  the  amoawt  charged  agaoMt 
it  in  the  first  instance,  and  such  eiocsi  should  then  be  paid  by  said 
(tovernnent  to  the  Qovemment  against  whom  it  was  ori^nally 
charged. 


Each   Goreraaeit 
muit  obtain  ffithtm  the 


90  FINAL  BEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

DISCUSSION  or   RECOMMENDATION  FOB   ACQUIRING   NECESSARY 

RIGHTS. 

The  foregoing  recommendation  involves  principles  of  international 
and  national  importance ;  principles  which  are  fundamental  and  well 
established,  but  which  have  perhaps  never  before  been  applied  to 
the  settlement  of  an  international  dispute.  This  fact,  however,  does 
not  prove  that  their  application,  in  this  case,  is  either  impracticable 
or  unsound. 

To  secure  the  proper  construction  and  operation  of  the  controlling 
works  in  the  outlets  and  inlets  of  the  Lake  of  the 
Woods  and  in  the  waters  tributary  thereto,  or  a 
jurudtetioa  of  tke  sjstcm  or  method  of  regulation  that  will  insure 
otfcer^e.rtaJ.  property    «  ^j^^  ^^^^^^  advantageous  use  of  the  waters  of  the 

Lake  of  the  Woods  and  the  waters  flowing  into 
and  from  that  lake,"  for  the  purposes  stated  in  the  reference,  and 
a  settlement  of  the  questions  and  matters  of  difference  between  the 
parties  to  the  reference,  each  Government  must  obtain,  within  the 
jurisdiction  of  the  other,  certain  property  rights.  This  fact  should 
Ivc  kept  constantly  in  mind  when  considering  the  foregoing  recom- 
mendation. Whether  these  rights  should  be  vested  rights,  acquired 
jointly  by  the  two  Governments  for  their  common  use  and  benefit,  or 
acquired  severally  within  the  jurisdiction  of  each  and  then  held  in 
trust  for  the  benefit  of  the  other,  seem  too  clear  to  admit  of  discussion. 
The  interdependent  interests,  the  importance  and  value  to  both 

countries  and  their  people  of  permanently  securing 
•hMidb«mUdrl/iita!    *^^  *^®  material  advantages  from  the  use  of  these 

waters  and  preventing  such  use  from  hereafter 
l>eing  a  disturbing  factor  between  the  two  Governments,  are  of  such 
magnitude  that  the  rights  acquired  in  respect  thereto  should  be  per- 
manent and  irrevocable.  If  acquired  severally  and  thereafter  held 
by  the  Government  acquiring  the  same  in  trust  for  the  benefit  of  the 
other  the  uncertainty  of  tenure  would  seriously  impair  the  stability 
of  these  rights  and  probably  constitute  a  barrier  in  the  way  of  the 
development  of  the  water  powers  of  this  region,  because  rights  thus 
held  could  be  renounced  at  will. 

It  therefore  becomes  necessary  to  consider  the  question  of  how 
the  parties  to  the  reference  can  legally  acquire  and  hold,  under  the 
jurisdiction  of  the  other,  these  necessary  vested  rights  in  order  to 
insure  the  satisfactory  maximum  water-power  development  in  both 
countries  this  region  affords,  and  at  the  same  time  safeguard  the 

rights  and  promote  the  development  of  the  inter- 

■SJ"  and*  hold **prJJi    ^^^^  ®*  *^^^^  respective  peoples.    The  first  question 

erty  iB  another  for  a    to  be  Considered  in  this  connection  is:  Can  a  State 

i"*j^8«ctio'i7**  *"    ^^  ^*^  public  capacity  hold  nonterritorial  property 

in  another  State  or  can  a  sovereign  State  limit 
or  qualify  its  proprietary  sovereignty  by  permitting  another  State 


FINAL  BEPOET  OF  THE  INTEKNATIONAL  JOINT  COMMISSION,         91 

^»    :^-.^  • 

to  acquire  and  hold  property  within  its  ten-itorial  jurisdiction  for 
the  use  and  benefit  of  such  other  State  within  its  jurisdiction  or  for 
the  use  and  benefit  of  its  inhabitants?  In  discussing  this  question 
Taylor,  International  Public  Law,  page  263,  says : 

A  State  may  limit  or  qualify  Its  sovereignty  and  jurisdiction  over  its  terri- 
torial property  by  permitting  a  foreign  State  to  perform  witliin  its  boundaries 
certain  acts  otherwise  proliibited,  or  by  surrendering  the  right  to  exercise 
ceitain  parts  of  its  domestic  Juristliction  as  a  protection  to  others. 

The  doctrine  here  laid  down  is  supported  by  all  text  writers  on 
international  law.  It  is  aitjo  affirmed  by  the  Supreme  Court  of  the 
United  States  in  many  cases.  In  the  case  of  the  "Exchange"  (7 
(^ranch.,  135)  Chief  Justice  Marsliall,  delivering  the  opinion  of  the 
court,  says : 

The  Jurisdiction  of  the  Nation  within  Its  own  territory  is  necessarily  ex- 
clusive and  absolute.  It  Is  susceptible  of  no  limitations  not  imposed  by  ifelf. 
Any  restrictions  upon  it  deriving  validity  from  an  external  source  would 
imply  a  diminution  of  its  sovereignty  to  the  extent  of  its  restriction,  and  an 
investment  of  that  sovereignty,  to  the  same  extent  in  that  power,  which  could 
impose  that  restriction.  All  exceptions,  therefore,  to  the  full  and  complete 
power  of  a  nation  within  its  own  territory  must  be  traced  to  the  couaeut  of 
the  nation  itself.    They  could  flow  from  no  other  legitimate  source. 

The  power  of  a  nation  to  restrict  its  proprietary  sovereignty  by 
granting  to  another  nation  the  right  to  acquire  and  hold  title  to 
land  or  vested  rights  or  easements  therein  the  same  as  if  held  by  • 
private  individual  can  not  l>e  questioned.  Lands,  rights,  or  esse 
monts  thus  acquired  are  held,  however,  sul)ject  to  the  political  80V> 
ereignty  of  the  nation  grunting  the  right  to  hold  the  same.*  It  is 
true  that  in  this  case  the  discussion  was  confined  to  the  relationship 
between  the  United  States  and  n  State  under  such  circumstanoss, 
but  the  difference  presents  only  a  question  of  policy  and  not  of 
power.  This  doctrine  ha.s  also  l)een  universally  reoognissd  and 
followed  by  nations  "  time  out  of  miml,*'  as  appears  from  Uiair 
treaties.  The  granting  of  this  right,  however,  does  not  inv<4ve  or 
carry  with  it  any  surrender  of  politicHl  sovorcignty.  Tlut  remains 
unchanged  and  supreme. 

(treat  Hritnin,  in  the  treaty  of  1783  with  the  United  States,  agreed 
to  restrict  her  proprietary  right  over  certain  fishing  grounds  bj 
granting  to  United  Stute.s  fi.shermen  the  right  to  fish  in  certain 
wiit«>rs  within  her  territorial  juri.sdiction  in  North  America,  and 
alsd  to  \niu\  tlu'ir  lK)ats  on  lier  territory  for  ttie  purpose  of  drying 
their  nets  and  ctiring  fi.qh.  After  tlu>  War  of  1812  these  rights  were 
recognixeil  as  valid  and  were  reaflirnuHl  by  the  treaty  of  1818. 

While  tl»e  riglit  of  ono  nation  to  qualify  its  jurisdiction  over  its 
own  territorial  pi-operty  by  permitting  a  foreign  nstiou  or  the  people 

>  Ue?«aw«rtli  KallroMi  CMipeajr  ».  How*  (114  U.  8^  5SB,  StS). 


92  riNAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

of  another  country  to  perform  certain  acts,  or  acquire  and  hold 
property  which  otherwise  would  be  prohibited,  can  not  be  success- 
fully questioned,  yet  this  applies  in  this  case  only  in  so  far  as  it 
would  enable  the  United  States  or  the  Dominion  of  Canada  to  hold 
within  the  jurisdiction  of  the  other  the  rights  necessary  to  make  the 
recommendations  of  the  commission  effective. 

The  rights,  however,  which  both  parties  must  have  for  this  pur- 
pose are  not  rights  which  either  now  possess.  They  are  rights 
which  belong  to  their  respective  inhabitants  and,  if  not  voluntarily 
granted,  can  be  acquired  only  for  the  purposes  desired,  by  aiid 
through  the  exercise  of  the  sovereign  power  to  take  private  property 
for  a  public  use.  Can  this  power,  by  agreement,  be  exercised  joiutly 
by  the  high  contracting  parties  for  this  purpose? 

I  fully  realize  that  to  propose,  for  the  purpose  of  settling  an 
international  dispute,  to  authorize  one  Government  to  take  private 
property  within  the  jurisdiction  of  another  for  a  use  to  be  enjoyed 
by  that  Government  within  its  own  jurisdiction,  or  for  a  use  to  be 
enjoyed  by  its  citizens  or  subjects,  outside  of  the  jurisdiction  of  the 
Government  in  which  the  property  is  situated,  is  essentially  new. 
Yet,  as  I  have  said  before,  that  is  what  must  be  done  in  this  case 
if  the  questions  and  matters  of  difference  set  forth  in  this  reference 
are  to  be  satisfactorily  disj^osed  of  and  the  ccmtrol  and  regulation  of 
these  waters,  in  the  interest  of  both,  is  to  be  secured  and  perma- 
nently maintained.  This  serves  to  emphasize  the  necessity  for  a 
reconmiendation  in  the  premises  and  the  consideration  of  the  ques- 
tions it  involves. 

While  the  right  to  take  private  property  for  a  public  use  is  a 

Procedure  muni  ro»-  Sovereign  right,  and  the  i:)rocedure  for  its  exercise 
form  to  fandamfntai  may  differ  souicwhat  in  the  respective  jurisdic- 
tions  of  the  two  countries,  yet  in  either  jurisdic- 
tion the  procedure  must  conform  to  the  fundamental  law  of  each. 
Under  either  or  both  the  rights  of  the  citizen  or  the  subject  with 
respect  to  the  taking  of  his  property  for  a  public  use  are  substantially 
the  same.  They  emanate  from  the  same  common  source  and  both  are 
protected  in  their  enjoyment  under  the  same  or  similar  rules  of  law. 
In  the  United  States,  under  a  written  Constitution,  these  rules  are 
perhaps  more  rigid,  or  less  flexible,  than  in  the  Dominion  of  Canada. 
Therefore,  if  the  recommendation  for  this  purpose  meets  the  re- 
quirements of  the  Constitution  and  laws  of  that  country,  it  will 
not  likely  be  found  inconsistent  with  the  laws  governing  the  taking 
of  private  property  in  the  Dominion  of  Canada.  In  neither  coun- 
try, however,  can  such  property  be  taken  for  any  purpose  without 
compensation  and  in  accordance  with  the  principle  of  due  process 
of  law. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.  93 

It  being  conceded  that  the  questions  or  matters  of  difference  be- 
tween the  Governments  in  this  case  have  arisen  out  of  the  independent 
use  of  these  boundary  waters,  which  are  the  common  property  of 
both,  and  that  some  arrangement  between  them  for  the  acquisitioo 
of  certain  rights  within  the  jurisdiction  of  each  is  necessary  in  order 
to  satisfactorily  adjust  the  same,  and  thereafter  avoid  similar  ques- 
tions from  arising  from  the  same  cause,  and  that  this  necessarily  in- 
volves the  taking  of  private  property,  it  follows  that,  if  the  pur- 
pose for  which  the  property  is  to  be  taken  is  such  as  would  authorize 
its  taking  within  the  jurisdi-tion  in  which  it  is  situated,  then  by 
agreement  such  property  may  be  taken  for  that  purpose  upon  the 
joint  action  of  both  Governments  for  their  mutual  benefit,  and  there- 
after held  in  common,  provided  such  agreement  is  authorized  by 
law.    The  high  contracting  parties  each  possess  and 

Partlen    may    Bfree  .     *=  »  ■  ,  • 

to  do  joiBtij  that  may  exercise  the  power  of  eminent  domam  or  ex- 
which  they  may  do  propriation  in  their  respective  jurisdictions,  for 
their  own  or  the  public  good.  It  follows,  there- 
fore, that  in  their  sovereign  capacity,  they  may  by  treaty  agree 
to  do  jointly  and  for  their  mutual  welfare,  in  their  respective 
jurisdictions,  that  which  they  are  authorized  to  do  severally. 
This  principle  is  recognized  by  the  treaty  under  which  the  two 
Governments  submit  this  reference.  They  have  clothed  this  com- 
misKion  with  final  jurisdiction  in  both  countries  in  certain  matters 
which  involve  the  rights,  obligations,  or  interests  of  either  in  rela- 
tion to  the  other,  or  to  the  inhabitants  of  the  other.  They  may, 
therefore,  conclude  a  treaty  providing  for  the  institution  of  I^ptl 
proceedings  in  either  or  both  countries  for  the  taking  of  private 
property,  provided  (in  the  United  States)  the  purpose  of  the  pn>- 
posed  taking  is  a  public  use.  That  being  so  it  is  clearly  within  the 
power  of  the  high  contracting  parties  to  authorise,  by  trraty,  the 
making  of  a  special  administrative  agreement  between  them  for  the 
complete  accomplishment  of  the  purposes  of  that  treaty  or  of  may 
part  thereof.  This  1  iv.spectfiilly  submit  is  e,xactly  what  Great 
Britain  and  tiie  United  States  have  done  in  their  so-called  water- 
ways treaty  of  January  11,  190U. 

(.'ounsel  for  some  of  the  power  inteiv>«ts,  however,  argue  tliat  to 
carry  out  the  recouuuendations  of  this  conunission  and  secure  the 
right  to  do  that  which  is  necessary  for  that  purpose,  t  new  trealj, 
or  recipHMul  legislation  l)etw(>en  the  United  States  and  Canada,  is 
necessary. 

In  that  cttse  all  the  advantages  and  UMiefits  to  he  derix'ed  from  a 
promi)t  and  final  settlemeut  of  the  questions  and  matters  of  difTen^m^ 
set  forth  in  the  ivfeience  would  iuMess»u-ily  U»  postponed  for  nn  in- 
definite i)eriod,  (tending  the  making  and  ratification  of  a  new  treaty. 


94  FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

In  my  judgment  this  is  unnecessary.  The  questions  here  involved  are 
expressly  covered  by  the  above  treaty,  and  their  settlement  by  special 
agreement  between  the  high  contracting  parties  is  authorized  and 
may  be  accomplished  upon  such  terms  and  conditions  as  they  may 
agree,  without  further  treaty  stipulations. 

One  of  the  main  purposes  of  this  treaty  was  to  settle  and  also 
PufotM  or  exirt-    prevent  disputes  between  the  United  States  and 
iM  tTMtj.  ii^Q  Dominion   of  Canada,  by   providing,   among 

ether  things,  for  the  satisfactory  use  of  these  boundary  waters. 
Accordingly  they  created  this  commission,  clothing  it  with  final 
jurisdiction  in  the  matter  of  approving  all  subsequently  authorized 
u.ses,  obstructions  or  diversions  on  either  side  of  the  boundary  that 
affect  the  level  of  boundary  waters,  except  uses,  obstructions,  or 
diversions  heretofore  permitted, "  or  hereafter  provided  for  hy  special 
agreement  between  the  high  contracting  parties."  ^ 
Article  IV  of  the  treaty  provides : 

The  High  Contracting  Parties  agree  that,  except  In  cases  provided  for  by 
Bpecial  agreement  between  them,  they  will  not  permit  the  construction  or 
maintenance  on  their  respective  sides  of  the  boundary  of  any  remedial  or  pnj- 
tectlve  works  or  any  dams  or  other  obstructions  In  waters  flowing  from  bound- 
ary waters,  etc. 

By  the  terms  of  the  foregoing  articles,  the  high  contracting  parties 
have  expressly  provided  for  the  exercise  of  their  undoubted  right 
to  thereafter,  not  by  treaty,  but  by  special  agreements  between  them, 
provide  for  certain  specific  things  in  respect  to  the  use,  etc.,  of 
these  boundary  waters.  Such  agreements  are  merely  administra- 
tive and  are  intended  only  to  aid  in  the  full  accomplishment  of  the 
purposes  for  which  the  treaty  was  concluded. 

Who  on  behalf  of  the  United  States  is  authorized  to  make  such  an 
agreement,  and  would  the  advice  and  consent  of 
retpwUM^asTMrnenu  the  Senate  be  required  to  give  it  validity? 
with  foreiKB  ■ation.  ifc  may  be  imnecessary  for  the  information  of 
the  parties  to  the  reference  to  answer  these  questions,  but  so  much 
doubt,  concerning  them,  has  been  expressed  by  eminent  counsel, 
representing  other  interests  involved,  and  by  others,  that  their 
consideration  in  this  connection  becomes  important. 

To  the  President  is  intrusted  the  exclusive  power  of  communica- 
tion with  foreign  States.  "The  President  is  the  sole  organ  of  the 
Nation  in  its  external  relations  and  its  sole  representative  with  for- 
eign nations."  ^ 

Accordingly,  with  him  resides  the  right  of  determining  finaUy  by 
whom  negotiations  are  to  be  conducted  with  foreign  powers. 
Although  such  negotiations  are  regularly  conducted  through  the 

1  Article  III  of  the  treaty  of  Jan.  11,  1909. 

•  John  Marshall  in  the  Hoase  of  BepresentatiTes,  Mar.  7,  1800,  Annals  Sixth  Congress, 
fU. 


PINAL  EEPORT  OF  THE  INTEENATIONAL  JOINT  COMMISSION.         95 

Secretary  of  State,  they  originate  in  legal  contemplation  with  the 
President.^ 

Without  treaty  or  legislative  authority,  an  agreement  terminable 
on  six  months'  notice  was  reached  with  Great  Britain  April  28-29, 
1817,  between  Mr.  Bagot,  British  minister,  and  Mr.  Rush,  Acting 
Secretary  of  State,  for  the  limitation  of  naval  forces  to  be  main- 
tained between  the  two  Governments  on  the  Great  Lakes.  Nearly 
one  year  later,  April  6,  1818,  President  Monroe  submitted  the  corre- 
spondence to  the  Senate  for  its  consideration,  whether  it  was  such 
an  agreement  as  the  Executive  was  competent  to  enter  into  under 
the  power  vested  in  him  by  the  Constitution,  or  such  as  required  the 
advice  and  consent  of  the  Senate.  By  resolution,  April  6  (two-thirds 
of  the  Senators  present  concurring),  the  Senate  approved  and  con- 
sented to  the  agreement  and  recommended  that  it  be  carried  into 
effect  by  the  President.  There  was  no  formal  exchange  of  ratifica- 
tions but  the  agreement  was  proclaimed  by  the  President  April  28, 

1818.* 

An  act  of  Congress  approved  February  27,  1815,  had  authorized 
the  President  to  cause  all  armed  vessels  on  the  lake,  except  such  as  in 
his  opinion  were  necessary  for  the  execution  of  the  revenue  laws,  to 
be  dismantled,  sold,  or  laid  up.  Immediately  upon  the  exchange  of 
notes  and  prior  to  any  action  thereon  by  the  Senate,  the  President 
had  proceeded  to  give  effect  to  the  arrangement,  and  in  his  annual 
message  to  the  Senate  December  7,  1817,  he  referred  to  the  arrange* 
ment  as  having  been  concluded.  Its  submission  to  the  Senate  appears 
to  have  l)een  an  afterthought  and  as  an  act  of  prudence.  This  wise 
and  beneficial  arrangement  has  in  its  general  principle  now  iHintiuued 
in  force  for  a  century.* 

Another  important  agreement  of  this  character  entered  into  by 
the  President  without  the  advice  and  consent  of  the  Senate  was  the 
protocol  of  August  12,  1898,  which  constituted  a  preliminary  aiiida 
of  peace  witii  Spain.  By  its  terms  Spain,  as  the  basis  for  the  eetab- 
lishment  of  peace,  agreed  to  relin({uish  nil  claim  of  sovereignty  over 
and  title  to  Cuba  and  cede  to  the  United  States  Porto  Rico  and 
other  islands  of  Spanish  sovereignty,  and  also  an  island  in  the 
Ijadrones  to  be  selected  by  the  United  States.  The  disposition  of 
the  Philippines  was  to  be  determined  by  the  treaty  of  peace.  It 
further  provided  for  the  suspension  of  hostilities  and  for  the  evacua- 
tion by  Spain  of  Cuba  iiiul  Porto  Rico.  Such  evacuation  of  Porto 
Rico  was  conipltt.'.!  hv  October  18,  1898,  and  of  Cuba  January  1, 
1899,  under  t!  ued  by  the  Prsiident    The  treaty  of 

>  JoBM  «.  Unltrd  HtatM  (181  U.  tt.,  MS.  tl7) ;  WoolMty  •.  Chaptola  (101  D.  M^lt.  ftH). 
*Bs.  JoaroAl  III.  IHU,  184. 

•TtmUw.  Their  Maklac  ud  BafMcwMat.  101,  lOS. 
108086-17 ^7 


96         FINAL  BEPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

peace  did  not  become  effective  until  the  exchange  of  ratifications 
April  11,  1899,  almost  a  year  thereafter. 

The  final  protocol  signed  at  Pekin  September,  1901,  by  the  foreign 
powers  on  the  one  hand  and  by  China  on  the  other,  at  the  conclusion 
of  the  Boxer  uprising,  likewise  was  not  submitted  to  the  Senate.  By 
this  protocol  the  powers,  on  their  part,  agreed  to  evacuate,  w'ith  cer- 
tain exceptions,  and  within  a  certain  period,  the  city  of  Pekin  and 
the  Province  of  Chihli,  etc.* 

Numerous  agreements  of  this  character  might  be  cited  in  sup- 
port'of  the  proposition  that  any  special  agreement  entered  into  by 
the  high  contracting  parties,  under  the  treaty  of  January  11,  1909, 
for  the  purposes  therein  authorized  could  be  lawfully  negotiated  and 
executed  by  the  President  and  would  be  valid  agreements  without 
the  advice  and  consent  of  the  Senate. 

The  question  of  the  power  of  the  President  and  Senate  to  conchide 

Asreemeuti  .uthor-  *  treaty  for  the  settlement  of  future  differences  be- 
ized  by  treaty  sMd  tweeu  the  high  Contracting  parties  of  a  defined 
Hot  be  ritwed.  character,  by  the  terms  of  which  the  Senate  would 

have  no  voice  in  the  particular  case  thereafter  arising,  was  carefully 
considered  and  very  ably  discussed  in  the  Senate  during  the  consid- 
eration of  the  proposed  arbitration  conventions  negotiated  in  1904—5 
by  Mr.  Hay  and  in  1911  by  Mr.  Knox.' 

In  discussing  these  reports  Crandall  on  Treaties,  Their  Making 
and  Enforcement,  page  120,  says: 

That  the  Senate  can  not  delegate  to  another  body  a  power  conferred  on  It 
by  the  Constitution  is  cleiir.  It  seems  equally  clear  that,  If  the  United  States, 
by  a  treaty  entereil  into  through  the  constitutional  treaty-making  organs — the 
President  and  the  Senate — agrees  to  submit  to  arbitration,  In  a  prescrlbe<l  man- 
ner, an  exactly  and  definitely  descrlbecl  class  of  cases,  or  all  cases  or  contro- 
versies, which  may  arise  In  the  future  between  this  Nation  and  other  nations, 
and  which  can  not  be  settle*]  by  negotiation,  the  mere  submission  of  an  indi- 
vidual case  so  arising  is  not  an  exercise  of  the  treaty-making  power.  The  con- 
sent of  the  Nation  to  the  submission  has  already  been  given  and  the  faith 
of  the  Nation  pledgeil.  It  Is  Immaterial  whether  the  instrument  by  which  the 
particular  case  is  to  be  submitted,  defining  the  issue  and  the  terms  of  submis- 
sion for  the  guidance  of  the  arbitrators,  is  termed  an  agreement,  a  protocol,  or 
a  declaration.  It  is  essentially  an  administrative  act  in  the  execution  of  an 
existing  International  treaty  and  a  municipal  law,  provided  the  terms  of  the 
treaty  are  such  as  to  leave  no  discretion  in  the  matter  and  are  not  open  to 
construction.  The  President,  In  whom  is  exclusively  vested  the  power  to  con- 
duct negotiations  with  foreign  powers,  alone  can  determine  the  fact  that  the 
controversy  can  not  be  settled  by  negotiation.  But  it  is  the  undoubted  right  of 
the  Senate  as  a  coordinate  branch  of  the  treaty-making  power  to  refuse  to 
give  its  consent  to  the  conclusions  of  a  treaty  by  which  the  faith  of  the  Nation 
is  thus  pledged. 

1  Treaties,  Their  Making  and  Enforcement,  104. 

•  See  reports  Senate  Committee  on  Foreign  Relations,  presented  by  Mr.  Morgan  (S.  Doc. 
No.  155,  58th  Cong.,  3d  sess.)  and  Mr.  Lodge,  Mr.  Root,  Mr.  CuHom,  Mr.  Burton,  Mr. 
Rayner  (S.  Doc.  No.  89,  62d  Cong.). 


PINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.         97 

In  this  case  the  Senate  did  not  refuse,  but  assented  to  the  authority 
under  the  treaty  of  January  11,  1909,  for  the  making  of  certain 
special  agreements  between  the  high  contracting  parties  for  certain 
specified  purposes.  Therefore,  the  consent  of  the  United  States  to  the 
making  of  such  agreements  has  already  been  given  and  the  faith  of 
the  Nation  pledged  thereto.  Again,  the  special  agreements  thus 
authorized  are  essentially  administrative  and  necessary  for  the  ac- 
complishment of  the  purposes  for  which  the  treaty  was  concluded. 
The  Senate  having  given  its  consent  to  the  making  of  these  special 
agreements  for  the  purposes  set  forth  in  the  treaty,  its  advice  and 
consent  as  to  the  details  of  such  affreement,  when  made,  is  therefore 
not  essential  to  its  validity. 

The  subject  matter  of  any  special  agreement  for  the  pui-pose  of 
making  the  recommendations  of  the  commission 

Subject    matter    o',_.  iiii 

afreements  aider    effective  would  be  the  use  of  these  boundary  waters, 

treaty  of  jannmrr  11,    obstructions  therein,  and  the  construction  or  partial 
1909.  ,  1  •  ...  ... 

control   and   maintenance   of  existing  controlling 

works  or  dams  in   waters   flowing  therefrom.    The   authority   to 

thus  provide  for  such  use,  etc.,  whether  it  involves  a  claim  of 

right   or   goes   beyond,   involving   international    policy    respecting 

such  use,  or  is  for  the  settlement  or  prevention  of  international 

disputes  growing  out  of  .such  use,  either  past  or  pros|>ective,  all  are 

included.    There  are  no  e.xceptions.    The  treaty  thus  authorizing  » 

special  agreement  for  these  purposes  having  been  ratified  by  the 

Senate  of  the  United  States  and  enacted  into  law  by  the  Parliuroent 

of  the  Dominion  of  Canada,  tlie  will  of  both  countries  has  been 

expressed  thereon,  and  all  autliority  thereunder  for  the  utxHimplisli- 

ment  of  these  purposes  by  special  agreement  is  complete. 

If  it  is  said  that  in  the  United  States  the  exercise  of  tlie  power  of 

.  ,^  _.,    .  eminent  domain  requires  eitlier  legislative  or  treaty 

Aitiorltjr   to    es«r-  ,  '        .  ,  .      .        •         .  * 

ri.e  tke  power  of  e«i.    authonty,  my  answer  is  that  this  is  true,  but  that 
mat  domain  author-    j,,  (ijjy  ^^yy  jj^y  exerciso  of  tho  ooweT  of  eiuiuent 

ised  by  tke  treaty.  *^ 

domain  ns  au  incident  to  the  enforcement  of  »  duly 
nuthori/ud  special  agreement  is  now  authorized  in  butli  countries;  in 
tho  United  States  by  treaty  and  in  Canada  by  tlie  enactment  of  the 
treaty  into  law. 

That  this  is  so,  is  manifest  from  the  fact  that  without  either 
express  or  impliinl  authority  under  the  treaty  to  exercise  the  power 
of  ciiim  nt  •!  iiiiin  no  special  agreemeot  requiring  the  exerciae  of 
Uiut  puwi  1  to  iiKike  it  effective  could  be  enforced,  and  to  that  extent 
the  treaty  would  fail.  ^Treaties  are  to  be  interpreted  in  a  favor- 
iiM.  I  nth.  I  ti,  in  :in  odious  tense.'*  (Wheaton,  IntamatioAal  Law,  p. 
•'•'*'  j  I  •>  l>*'>*i  otherwise  would  also  be  contrary  to  tbe  feneral  rula 
of  constnictiou  applicable  to  all  contracts,  including  treatiee«  Uiat 
in  the  absence  of  express  authority  anything  necessary  t«  naka  affso- 


98         FINAL  EEPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

tive  that  which  is  expressly  authorized  is  held  to  be  necessarily 
incident  to  the  authority  expressly  granted. 

If  therefore  the  use  for  which  the  power  of  eminent  domain  is  to 
be  exercised  in  this  case  is  a  legally  authorized  public  use  the  exercise 
of  the  power  would  be  limited  only  by  the  principles  of  due  process 
of  law  and  just  compensation.  It  may  be  noted  also  that  the  exer- 
cise of  this  power  must  be  by  and  in  the  name  of  the  parties  to  the 
agreement  and  only  for  the  purpose  therein  set  forth. 

If,  then,  the  high  contracting  parties  by  treaty  have  expressly 
authorized  a  subsequent  agreement  for  a  clearly  defined  purpose 
requiring  the  exercise  of  the  power  of  eminent  domain  to  make  it 
effective,  the  authority  for  its  exercise  is  of  equal  force  and  effect  with 
that  of  the  agreement  itself.  Any  agreed  plan  of  procedure  there- 
fore by  which  the  Governments  may  jointly  or  severally  acquire  the 
right  in  both  countries,  subject  to  the  laws  of  each  to  take  and  there- 
after hold,  either  jointly  or  severally,  such  necessary  rights  or  other 
property  as  may  be  required  for  the  purpose  of  settling  the  questions 
of  difference  between  them  and  of  making  the  recommendations  in 
this  case  effective  is  clearly  authorized. 

Article  XIII  defines  what  the  special  agreements  referred  to  in 
Articles  III  and  IV  are  understood  and  intended  to  include. 

In  all  cases  where  special  agreements  between  the  High  Contracting  Parties 
hereto  are  referre<l  to  in  the  foregoing  Articles,  such  agrtn^nients  are  understttod 
and  intended  to  include,  not  only  direct  agreements  between  the  High  Con- 
tracting Parties,  but  also  any  inutuiil  arrang{nneii.t  between  the  United  States 
and  the  Dominion  of  Canada  expressed  by  concurrent  or  reciprocal  legislation 
on  the  part  of  Congress  and  the  Parliament  of  the  Dominion. 

The  question  of  whether  or  not  there  should  be  a  special  agreement 
or  a  mutual  agreement  under  Article  XIII  for  the  purpose,  does 
not,  in  my  judgment,  require  consideration. 

Any  mutjial  arrangement  between  the  United  States  and  the  Do- 
minion of  Canada  would  have  to  be  expressed  in  concurrent  or  re- 
ciprocal legislation.  This  would  not  only  be  difficult  to  obtain,  but 
would  necessarily  postpone  indefinitely  carrying  out  the  recom- 
mendations herein,  because  the  minds  of  the  legislative  bodies  of  both 
countries  would  have  to  agree  before  the  necessary  reciprocal  legisla- 
tion could  be  secured. 

It  has  been  pointed  out,  however,  that  a  duly  authorized  special 
agreement  would  not  be  subject  to  these  objections,  because  the 
authority  for  it  has  been  ratified  in  both  countries,  and  such  ratifica- 
tion necessarily  includes  all  implied  as  well  as  express  authority.  In 
order,  therefore,  to  facilitate  the  final  settlement  of  the  questions  and 
matters  of  difference  set  forth  in  the  reference,  I  would  respectfully 
suggest  the  adoption  of  the  foregoing  recommendation  for  a  special 
agreement  for  that  purpose  rather  than  a  mutual  arrangement  under 
Article  XIII  or  a  new  treaty. 


Plate  19. 


UIOH   WATER   ON   RAT  ROOT  RIVER. 


PLAN   OF   PROCEDUBE. 

The  lawful  exercise  of  the  power  of  eminent  domain  and  expropria- 

pun  of  procednre  tion.  Under  Anglo-Saxon  rule,  involves  tHtee  fun- 
,«7S"u'°'   "***"    damental  principles: 

First.  The  purpose  of  its  exercise  (at  least  In  the  Unlte<l  States)  most  clearly 
appear  and  be  a  legally  reoofjnlzed  public  purpose. 

Second.  In  both  countries  the  procedure  under  which  this  power  is  exercised 
unist  conform  in  every  particular  to  the  requirements  of  «lue  process  of  law.  and 

Third.  The  owners  of  the  property  taken,  destroye<l,  or  Injuriously  affected 
must  be  compensate<l  therefor. 

With  respect  to  the  public  use  for  which  the  pro|>erty  in  this  case 
would  be  taken,  it  is  recommended  that  it  be  declared  to  be,  primarily, 
the  settlement  of  the  questions  or  matters  of  difference  between  the 
parties,  as  set  forth  in  the  reference,  and  to  prevent  similar  questions 
from  thereafter  arising  out  of  pai't  or  future  use  of  tliese  boundary 
waters  along  this  part  of  their  common  frontier. 

The  purpose  of  this  suggestion  is  manifest.  Coiulenination  pro- 
ceedings, in  the  United  States  at  least,  arc  instituto<I  by  petition  set- 
ting forth,  among  other  things,  the  purpose  for  which  the  property 
therein  described  is  to  be  taken.  Whether  or  not  the  procedure  rec- 
ommended in  tliis  case  would  conform  to  that  required  in  Canada,  I 
am  not  prepared  to  say;  if  agreed  to,  however,  by  the  high  contract- 
ing parties,  it  wouhl  be  legal  in  both  countries.  In  the  United  States, 
at  h'ast,  it  wouM  have  the  advantage  of  judicial  interpretation.  It 
could  bo  iiistitiilcd  by  tiling  with  the  appropriate  courts  the  subflkaiice 
of  the  special  agreement,  with  the  (h'claration  as  to  the  purpone  for 
which  the  taking  of  property  was  ntuvssary.  This  could  bo  made  to 
constitute  tlie  petition. 

From  till*  petition  thus  filed  it  would  tiien  api>ear  that  the  pr«>|)eny 
was  to  be  taken,  priuuirily,  for  the  purpose  of  settling  and  hereafter 
previMitiiig  international  disputes,  involving  the  righttt,  obUgationa 
and  interests  of  both  nations  in  their  relation  to  each  other  und  in 
their  relation  to  their  res|K>etive  inhabitants.  AH  otlter  and  aubee- 
quent  uses  would  be  collateral  and  incidentally  iiichidtHi  iti  thia  d«> 
clared  public  use. 

In  the  M>ttlement  and  prevention  of  international  dilTerences  be> 
tween  two  nations,  the  |H>ople  of  l)oth  are  inlereated  and  lieueftled. 
It  not  oidy  contemplatea  the  aett lenient  of  existing  questions  of  dif* 
fereni^  between  them,  but  it  removes  certain  causes  for  dissyrss 
meut  growing  out  of  conllict  of  interest— conflict  of  inter«t  tnvolv- 

•9 


100       FINAL  BEPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

ing  the  rights  and  obligations  of  each,  which  otherwise  might  lead 
to  serious  consequences  and  possibly  to  war.  The  settlement  and 
prevention  of  international  disputes  by  the  taking  of  private  prop- 
erty for  that  purpose  would  therefore  be  for  the  general  good.  Then, 
too,  by  thus  providing  for  the  use  of  these  boundary  waters  and 
securing  for  the  people  of  both  countries  their  equal  right  to  such 
use,  the  public  interest  in  both  countries  would  not  only  be  directly 
benefited,  but  a  spirit  of  international  comity  and  good  will  would 
be  created  and  thereafter  maintained  as  the  result  of  such  taking. 
If  this  would  not  constitute  a  public  use  it  would  be  hard  to  define 
what  would. 

While  it  is  true  that  Governments  are  not  migratory,  or  as  Chief 
Justice  Marshall,  in  Rose  v.  Himely  (4  Cranch,  241,  279,  2  L.  Ed. 
608,  620),  says: 

It  Is  conceded  that  the  legislation  of  every  country  Is  territorial,  that  beyond 
Its  own  property  it  can  only  affect  its  own  subjects  or  citizens. 

Yet  this  does  not  prove  that  two  Governments,  by  treaty,  can  not 

„     ._.     K.    grant  to  each  other  the  right  to  invoke  the  laws  of 

treaty  may  grant  to  their  respective  jurisdictions  for  a  purpose  mn- 
rijh"  t'Tn"oke"' uT.  tually  advantageous  to  both,  or  that  either  jointly 
within  national  juria-  or  severally  thcv  may  become  suitors  in  the  courts 
'"'""°'  of  the  other.    This  right  now  exists  and  may  under 

certain  circumstances  be  exercised  by  the  people  of  the  United  States 
and  Canada  under  Article  II  of  this  treaty.  Hence,  the  declared  pur- 
pose for  the  taking  of  property  in  this  case,  being  for  a  public  use, 
each  Government  would  acquire,  and  thereafter  hold,  either  in  com- 
mon or  in  severalty,  as  they  may  agree,  the  property  thus  taken  for 
the  purpose  declared  in  their  petition  and  as  approved  by  the  final 
judgment  of  the  court  in  which  the  property  is  situated. 

In  so  far  as  the  taking  of  property  for  power  development  is  con- 
cerned, when  such  development  or  the  power  to  be  created  thereby 
is  used  for  the  generation  of  electrical  energy  for  public  purposes, 
such  as  lighting,  heating,  etc.,  or  the  taking  of  property  for  the  devel- 
opment of  wat-er  power  as  such  for  manufacturing  purposes,  that 
may  or  may  not  be  such  a  public  use  as  would  justify  the  exercise 
of  the  power  of  eminent  domain  in  the  United  States.  If,  however, 
the  taking  of  property  in  this  case,  for  the  purpose  of  settling  an 
international  dispute  as  declared  in  said  special  agreement,  consti- 
tutes such  a  public  use  as  would  justify  the  exercise  of  this  power 
for  that  purpose,  then  it  is  unnecessary  to  consider  or  discuss  the 
question  of  whether  or  not  such  taking  for  the  development  of  water 
power,  as  such,  is  authorized  by  the  laws  of  either  country;  for  such 
use  would  onh'  be  incidental  to  the  primary  use  for  which  the  prop- 
erty is  taken.  The  right  to  such  incidental  use  and  the  terms  and 
conditions  upon  which  that  right  should  be  granted  would  be  a 


PJNAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      101 

national,  not  an  international  matter^  and  could  be  granted  or  denied 
by  each, 'independent  of  the  other.  Having  taken  the  property  law- 
fully, the  Governments  could  then  authorize  such  use  thereof  as 
would  be  lawful  within  their  respective  jurisdictions. 

In  the  plan  of  procedure,  hereinbefore  recommended,  I  have  sug- 
Pnbiie  ind  prirato  g^.stcd  either  the  appointment  of  a  new  commissi(in 
iBtere«tii  nouKcut  In-  or  authorizing  the  International  Joint  Conmiission 
«S:"Tel:rhor'rj  *<>  carry  out  that  plan.  This  alternative  reoom- 
to  emrry  oat  rceom-  meudation  is  made  because,  as  a  member,  I  do  not 
mendauon.  wish  to  place  the  International  Joint  Commission 

in  the  attitude  of  suggesting  the  exercise  of  functions  or  the  perform- 
ance of  duties  not  now  prescribed  by  the  treaty.  But  at  the  final 
arguments  at  Washington,  April,  1916,  the  opinion,  as  expressed  by 
the  legal  representatives  of  riparian  ownere  and  all  other  private  and 
corporate  interests  involved,  was  to  the  effect  that  the  most  satisfac- 
tory plan,  so  far  as  the  interests  they  represented  were  concerned, 
would  be  for  the  parties  to  authorize  the  International  Joint  Com- 
mission to  act  in  the  premises.*  It  is  because  of  this  that  I  have  sug- 
gested the  alternative  of  said  commish^ion  being  made  the  instrumen- 
tality for  carrying  out  any  agreement  the  high  contracting  parties 
may  enter  into  for  making  «the  recommendations,  as  approved  and 
adopted,  effective. 
The  plan  suggested  for  the  apportionment  of  the  cost  of  securing 
ApportioiMeat  •t  all  necBssary  rights,  etc.,  to  make  the  adopted  reo* 
'"•*•  ommendation  effective,  and  at  tlie  j^ame  time  pro- 

vide "for  the  adecjuatc  protection  and  development  of  all  intereaU 
involved  on  both  si(h«  of  the  boundary,"  deals  only  with  the  api)or- 
tionment  of  such  cost  between  the  two  Governments,  leaving  to  them, 
within  their  respective  juris<lictions,  the  nuitter  of  providing  for  their 
reimburscu)ent,  in  whole  or  in  part,  whether  by  assessment  of  benefits 
against  the  property  benefite<K  or  otherwise.  .Vny  reconnnondati<m 
ap  to  how  the  parties  may  be  reimburs<»d  by  thone  directly  or  indi- 
rectly benefited  is  a  national,  not  an  internntional.  matter. 

As  to  the  mode  of  procedure  to  ascertain  the  contiM^nsiiiion  to  be 
awarded  and  paid  on  account  of  the  property  taken,  destroyed,  or 
damaged,  iind  the  securing  the  legal  title  thereto,  I  reqMCifuIlj  sub- 
mit that  the  prwedure  outlino<l  in  the  rt*coinnien<latioii  hereinbefore 
made  would  fully  meet  all  the  riM|uirenients  of  tlie  laws  of  the  United 
States,  and,  in  my  judgment,  could  easily  be  made  to  conform  to  tlio 
laws  of  the  Dominion  of  Canada  under  any  agreement  for  carrying 
into  effect  the  rt^commendHtions  as  approvc<l  and  adopted :  whether 
it  did  or  not,  if  agreed  to,  and  the  agreement  is  authorix4>d,  U»e  pro- 
cedure Wdtdd  l)e  law  fid,  provided  it  wa«  not  in  conflict  with  the  prin- 
ciples of  due  proct^sH  of  law  and  compensation  as  interpreted  by  the 
courts  of  that  country. 

*  rtaal  ArtoaMta.  Waaklatton.  April.  Itia  pp.  tM.  tti. 


102       FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 
IS  SCOPE  OF  BEFEBENCE  LIMITED  BY  IMPLICATION  P 

The  only  other  matter  of  difference  concerning  the  final  report  is 
whether  or  not  the  ground  upon  which  the  commission  decided 
against  the  contentions  of  counsel  for  both  Governments  and  other 
interests  in  respect  to  the  scope  of  the  reference  and  the  duty  of  the 
commission  thereunder  being  restricted  by  implication  should  be 
discussed.  It  may  be  true  that  this  difference  between  us  involves 
only  a  question  of  propriety  and  not  of  principle.  In  some  cases, 
however,  questions  of  propriety  equal  in  importance  questions  involv- 
ing principles. 

Examination  and  consideration  of  the  questions  of  the  reference 
necessitated,  first,  the  determination  of  their  scope.  This  involved 
a  construction  of  the  reference.  Since  this  construction  was  contrary 
to  the  contentions  of  counsel,  I  maintain  the  parties  to  the  reference, 
as  well  as  counsel,  are  entitled  to  know  the  ground  upon  which  the 
adverse  decision  of  the  commission  upon  the  questions  presented  by 
counsel  is  based.  Then,  too,  the  provisions  of  the  treaty  and  the  duty 
of  the  commission  thereunder  are  not  generally  known  in  either 
country  and  are  not  clearly  understood  even  by  some  who  appear 
before  the  commission.  A  discussion,  therefore,  when  necessary,  of 
the  provisions  of  any  reference  or  the  treaty  provisions  involved, 
in  support  of  decisions  upon  questions  of  this  character,  would  in 
time  result  in  a  code  of  interpretation  useful  to  the  public  and  to  the 
Governments.  In  my  judgment,  therefore,  it  is  the  duty  of  the  com- 
mission to  discuss  questions  of  this  character,  and  especially  those 
involving  its  jurisdiction  and  duty  under  the  treaty  or  under  a 
reference.  The  arguments  presented  by  counsel  in  this  case  were 
presented  in  good  faith  and  in  behalf  of  two  great  (iovernments.  In 
the  interest,  therefore,  of  orderly  procedure  in  all  matters  considered 
by  this  commission,  I  maintain  that  the  commission  is  not  justified  in 
ignoring  the  contentions  of  counsel  involving  questions  of  impor- 
tance or  questions  involving  the  jurisdiction  and  duty  of  the  commis- 
sion either  under  a  reference  or  under  the  treaty. 

For  these  reasons,  I  respectfully  submit  and  assume  entire  respon- 
sibility for  the  following  discussion  in  support  of  the  decision  of  the 
commission  against  the  position  of  counsel  to  the  effect  that  the  duty 
of  the  commission  under  the  reference  is  restricted  by  implication. 

In  its  study  of  the  reference  the  commission  sought,  in  the  light 
of  all  the  facts  and  circumstances  as  found  from  the  evidence  and 
from  the  report  of  its  consulting  engineers,  to  determine  its  scope, 
intent,  and  purpose.  This  seemed  necessary  because,  under  Article 
IX,  the  conclusions  and  recommendations  of  the  commission  must  be 
subject  "  to  any  restrictions  or  exceptions  which  may  be  imposed  by 
the  terms  of  reference."  whether  express  or  implied. 


PINAL  BEPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      103 

As  the  result  of  this  study,  the  commission  found  it  impossible  to 
sustain  the  objection  of  counsel  for  the  United 
w«Sr  rowfn*«einded  States,  Mr.  Wyvell,  and  counsel  for  riparian  own- 
from  eouideratioa  bj  gj-g^  ^j.  Steenerson,  to  the  consideration  of  evidence 
""*  **  °"  relating  to  the  use  of  the  waters  flowing  from  the 

Lake  of  the  Woods  for  power  development  in  the  Winnipeg  River, 
because  such  waters  are  not  within  the  scope  of  the  treaty  or  the 
reference. 

Mr.  Steenerson  argued  that  the  authority  of  the  commission  was 
limited  to  questions  relating  to  boundary  waters,  and  then  stated :  * 

This  Is  not  a  difference  with  reference  to  the  u.se  of  waters  outside  of  the 
boundary  waters ;  it  is  a  difference  with  reference  to  the  use  of  boundary 
waters. 

Considering  the  term  "boundary  waters,"  in  so  far  as  it  refers 
to  the  water  itself,  it  is  apparent  from  the  final  report  that  the  most 
important  use  of  these  boundary  waters  is  for  the  purpose  of  pro- 
ducing power  as  they  flow  from  the  level  of  the  boundary  in  the  Lake 
of  the  Woods  to  the  level  of  Lake  Winnipeg  in  Canada. 

Considering  the  term  "boundary  waters,"  in  so  far  as  it  refers 
to  a  hodi/  of  icate?'  confined  within  shores  and  varying  in  elevation 
above  its  bed,  it  is  also  apparent  that  the  most  advantageous  use  can 
be  made  of  this  boimdary  water  l)y  controlling  its  discharge  over  the 
rim  of  rock  constituting  its  outlet,  in  order  to  equalize  the  outflow  and 
thus  to  permit  a  very  much  greater  portion  of  the  irafrr  itsdf  to  be 
utilized  in  power  development. 

Moreover,  under  Ai-ticle  IX,  the  high  contracting  parties  have 
agreed  that  any  other  question*  or  nuittoi*s  of  difference  arising  be- 
tween them  involving  the  rights,  obligations,  or  interests  of  either  in 
relation  to  the  other,  or  to  the  inhabitants  of  the  other  along  their 
common  frontier^  shall  be  referred  froni  time  to  time  to  this  com- 
mission  for  exatniiuition  and  report.  Therefore,  the  declaration  of 
the  parties  to  the  reference,  that  q»ie.stions  have  arisen  out  of  the 
use  of  these  waters,  makes  it  imperative,  in  my  judgment,  for  the 
conuuission  to  examine  and  report  upon  and  give  conaderation  to 
all  facts  and  circum.vlanc'es  pertaining  to  the  matters  referred  with  i 
view  to  aiding  the  two  governments  in  nuiching  a  satisfactory  sK- 
tlement  of  these  questions,  and  that,  t<M),  without  reference  to  the 
provisions  of  the  treaty.  A  report  upon  the  questions  of  the  official 
refertMice  which  disregarded  the  advantageoua  me  of  the  outflow 
frTMu  the  I^ake  «)f  the  WimmIs  in  power  development  on  the  Wiimi- 
peg  Hiver  would  aggravate,  rather  than  settle,  existing  difffirmeet 
re.'qiecting  the  use  of  thest»  waters,  t^^nless  these  questions  can  b« 
settled  as  the  result  of  this  examination  the  pur|>ofie  of  the  two  Qor* 

>  Public  UMUlacm  KMMra,  SvplwalMr.  ISIS,  pp.  WS-SSa. 


104       FINAL  EEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

ernments  in  submitting  the  reference  will  have  been  defeated.  In 
view  of  these  considerations  the  commission  was  unable  to  sustain 
the  objection  of  counsel. 
Counsel  for  the  Dominion  Government,  Mr.  Anderson;  for  the 
Shall  effeet  ef  ex-  Ontario  Government,  Mr.  Keefer;  for  the  City 
isting  gtrnetnreg  be  of  Winnipeg,  Mr.  Campbell ;  and  for  the  Winnipeg 
comiideredi  Electric  Railway  Co.,  Mr.  Laird,  all  contend  in 

favor  of  a  more  limited  scope  of  the  reference  than  the  commission 
found  to  be  justified  thereunder.  They  argue  in  effect  that  the 
commission  is  precluded  from  considering  the  effect  of  the  Nor- 
man Dam  upon  the  levels  of  the  Lake  of  the  Woods  and  the  extent 
and  value  of  the  lands  hereafter  submerged  in  consequence  of  any 
recommended  level,  because  this  dam  and  the  use  of  the  waters 
thereby  secured  existed  before  the  date  of  the  treaty. 
In  support  of  this  Mr.  Campbell  argued  that  Article  IV : 

Says  that  they  "  will  not " — i.  e.,  after  the  date  of  the  treaty — "  permit  the 
construction  or  maintenance"  of  iiny  works  that  shall  effect  the  heights  of 
boundary  water. 

Counsel  for  the  Dominion  Government,  Mr.  Anderson,  arguing 
along  the  same  line,  said: 

The  high  contracting  parties  had  no  intention  of  submitting  past  differences 
with  reference  to  these  waters  to  the  commission ;  that  what  had  been  done, 
the  uses  that  had  been  made  of  the  boundary  waters,  and  the  waters  flowing  into 
and  out  of  them,  were  to  be  considered  as  properly  done,  or,  at  any  rate,  not 
subject  to  future  consideration. 

Counsel  for  the  Electric  Railway  Co.,  Mr.  Laird,  in  discussing  this 
question,  said : 

But  I  take  it  that  this  commission  is  prohibited  from  Interfering  with  exist- 
ing conditions.  They  are  only  to  deal  with  future  conditions  and  the  future 
uses  of  these  waters. 

For  the  purpose  of  this  report  the  questions  thus  raised  are  ma- 
terial only  in  so  far  as  they  may  or  may  not  limit  the  scope  of  the 
reference  and  the  duty  of  this  commission  thereunder,  and  it  is  only 
in  that  connection  I  shall  consider  them. 

If  the  conclusions  of  counsel  are  right,  then  the  duty  of  this 
commission  in  the  premises  is  limited  to  the  consideration  of  the 
effect  of  any  changes  in  existing  conditions  resulting  from  the  main- 
tenance of  the  recommended  level. 

The  three  main  purposes  for  which  the  treaty  of  January  11,  1909, 
was  concluded,  are:  "To  prevent  disputes  regarding  the  use  of 
boundary  waters;"  "To  settle  all  questions  which  are  now  pending 
between  the  United  States  and  the  Dominion  of  Canada,  involving 
the  rights,  obligations,  or  interests  of  either  in  relation  to  the  other 
or  to  the  inhabitants  of  the  other  along  their  common  frontier;" 
and  "To  make  provision  for  the  adjustment  and  settlement  of  all 
such  questions  as  may  hereafter  arise." 


Plate  20. 


H.  B.  C.  POST   AT   FOKT   FRANCES. 


FINAL  BEPOET  OF  THE  INTEBNATIONAL  JOINT  COMMISSION.      105 

By  the  reference,  the  parties  thereto  have  expressly  stated  that  the 
questions  or  matters  of  difference  referred  are  questions  "  which 
have  arisen  between  them."  P>om  our  examination  and  from  the 
evidence  it  appears  that  some  of  the  questions  referred  are  ques- 
tions that  existed  long  prior  to  the  treaty. 

If  the  reasoning  of  counsel  is  correct,  then  none  of  these  questions 
could  be  referred  to,  or  dealt  with,  by  the  commission.  It  is  evident, 
however,  from  the  language  of  the  reference,  that  this  is  not  the 
interpretation  which  the  parties  themselves  have  given  the  treaty. 
They  knew  that  the  duty  which  they  imposed  upon  the  commission 
involved  consideration  of  existing  structures  in  these  boundary 
waters  and  in  the  waters  flowing  therefrom,  as  well  as  the  possible 
construction  and  operation  of  controlling  works  or  dams,  in  orde- 
to  secure  that  which  they  desired.  In  fact,  they  have  said  as  much 
in  question  three,  where  they  ask: 

In  what  way  or  manner,  including  the  construction  and  operation  of  dams  or 
other  worlts  at  the  outlets  and  inlets  of  the  lake  or  in  (he  waters  which  are 
directly  or  indirectly  tril)utary  thereto,  or  otherwise.  Is  it  possible  and  advis- 
able to  regulate  the  volume,  use.  and  outflow  of  the  waters  of  the  lake  so  as 
to  maintain  the  level  recommended,  etc. 

There  is  no  limitation  here,  either  express  or  implied,  in  respect 
to  the  consideration  of  existing  ohstructions.  The  outflow  from  the 
lake  could  not  be  regulated  except  throu<jh  a  chtrnge  in  the  use  of 
existing  structures.  To  argue,  thereft>re,  as  counsel  for  the  Domin- 
ion Government  does,  that  "  the  high  contracting  parties  had  no  in- 
tention of  submitting  pa.st  (liireren(*0K  with  reference  to  these 
waters,"  or  that  'Hhe  uses  that  had  Lieen  made  of  tiie  boundary 
waters  and  the  waters  (lowing  into  and  out  of  them »'  •  •  •  ware 
not  to  be  "  subject  to  future  ronsiderati<m,"  would,  in  effect,  be  a 
repudiation  of  some  of  the  |)rimary  purpose's  of  the  treaty,  and 
would  also  be  in  direct  conllict  with  tiio  pnicticnl  interpreiatiou 
thereof  which  the  parties  to  the  reference  have  theinaelves  ^^tta  it. 

It  is  therefore  impussible  to  hold  that  our  duty  under  the  refer- 
ence is  restricted  to  the  examination  and  consideration  only  of  con- 
ditions that  may  hereafter  exist  in  conse<iuence  of  the  level  recom- 
mended and  omit  entirely  any  consideratitm  of  tlie  Norman  Dam,  its 
eirect  n|i)in  the  nornnd  level  of  tlu'  lake  under  natural  i*t)nilitionm  or 
the  use  of  this  dam  hereafter  in  regulating  tJio  outflow  from  the 
Lake  of  the  Wooils. 

It  wa.s  also  argued  by  counsel  for  the  City  of  Winnipeg  tliat: 

A  fair  Interpretation  nf  tiM*  tn««ity  nHitmUiMw  the  oxluMng  eaw  o(  tlie 
wHtem  of  the  I«iik«  of  the  W(i«n1i<  at  tlio  outlets,  as  iMitCeni  stood  whin  tke 
irtMity  was  made  iu  the  lM«Klnntiu;  of  llMn).  It  rtx<ognli«s  aloo  ilmm  osw  ttMkr 
Article  VIII.    It   r»-.  the  uwh  " liei-«iofure  |wruUtttil"  under  Artlde 

III,  and.  I  clnlm.  ulv'  vrllcle  IV. 


106       FINAL  BEPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

The  attention  of  counsel  being  drawn  to  the  fact  that  this  refer- 
ence was  submitted  under  Article  IX,  involving  only  an  exami- 
nation of  the  questions  submitted  and  a  report  thereon,  counsel 
proceeded : 

Article  IX  Is  a  request  for  iDformation ;  practically  that  is  all.  The  coiu- 
inisHion  Is  requested  to  investigate,  rei)ort,  and  recouiinend ;  but  I  talie  it 
that  the  treaty  is  to  be  rend  together,  and  that  it  was  never  contemplated 
that,  under  Article  IX,  something  would  be  done,  based  upon  recommenda- 
tions, which  ignore<l  the  other  clauses  of  the  treaty. 

Then,  too,  it  was  argued  by  Mr.  Anderson,  of  counsel  for  the 
Dominion  Government: 

It  may  be  that  the  commission  will  consider  thut,  as  a  matter  of  propriety 
and  as  a  matter  of  information  to  their  respective  Governments,  they  should 
make  some  report  upon  the  natural  condition  of  the  lake  levels.  I  submit 
that  they  should  not. 

Continuing,  he  says: 

My  reason  for  saying  that  is  this:  In  Article  III  of  the  treaty,  the  open- 
ing words  of  the  paragraph  that  I  have  already  read,  are  "  it  is  agreed  that,  in 
addition  to  tiie  uses,  obstructions,  and  diversions  heretofore  permitted  or  here- 
after provided  for  by  special  agreement  between  the  parties  hereto,"  etc. 
So  far  as  the  Canadian  Government  Is  concernetl,  they  were  more  than  per- 
mitted.   They  were  active  participants  In  the  construction  of  It. 

If  in  this  case  the  commission  was  required  to  render  a  final 
decision  under  the  treaty,  counsel  would  be  correct  in  saying:  "The 
treaty  must  be  read  together,"  or  that  its  different  provisions,  in 
so  far  as  they  are  interdependent,  must  be  construed  together.  But 
we  are  not  rendering  a  final  decision.  We  are  required  only  to 
examine  and  report  the  facts  and  circumstances,  together  with  ap- 
propriate conclusions  and  recommendations.  The  scope  of  our  in- 
quiry for  this  purpose  is  not  to  be  found  in  the  treaty  but  in  the 
reference. 

Under  Article  IX  the  parties  may  refer,  for  examination  and 
report,  any  question  involving  the  rights,  obligations,  or  interests 
of  either  in  relation  to  the  other,  or  to  the  inhabitants  of  the  other 
along  their  common  frontier.  If  such  reference  calls  for  conclu- 
sions and  recommendations,  which  can  not  be  made  effective  under 
the  treaty,  that  is  not  a  matter  for  the  commission  to  consider. 
We  have  but  one  duty;  that  is,  to  examine  and  report  as  requested 
by  the  parties. 

In  all  matters  referred  under  Article  IX  the  commission  acts  as 
an  advisory  court  and  not,  as  under  Articles  III  and  IV,  a  court 
of  last  resort.  The  high  contracting  parties  have  expressly  pro- 
vided in  this  article  that  "such  reports  of  the  commission  shall 
not  be  regarded  as  decisions  of  the  questions  or  matters  so  sub- 
mitted either  upon  the  facts  or  the  law  and  shall  in  no  way  have 
the  character  of  an  arbitral  award." 


FIKAL  BEPOfiT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      107 

If  the  questions  referred  call  for  conclusions  and  recommenda- 
tions that  contemplate  the  doing  of  something  that  could  not  be  done 
without,  as  counsel  say,  ignoring  certain  provisions  of  the  treaty  or 
that  would  be  in  conflict  therewith,  the  commission  would  not,  for 
that  reason,  be  justified  in  declining  to  answer  the  questions.  The 
treaty,  being  a  contract  between  the  two  Governments,  may,  by  a 
new  treaty,  be  modified,  or  certain  provisions  thereof  may  be  de- 
clared to  stand  in  abeyance  in  so  far  as  they  affect  the  subject  matter 
of  the  reference.  Therefore,  the  limitations  of  the  treaty  do  not 
restrict  the  duty  of  the  commission  in  its  examination  and  report 
upon  any  questions  referred.    The  reference  alone  governs  as  to  this. 

But  assuming  that  the  recommendations,  to  be  effective,  must  be 
within  the  provisions  of  the  treaty,  the  particular  provisions  on 
which  counsel  rely  to  prove  that  the  Norman  Dam  and  its  effect 
upon  the  level  of  the  Lake  of  the  Woods  can  not  be  the  subject  of 
consideration  and  recommendation  are  Articles  III,  IV,  and  VIII. 

The  existence  or  the  effect  of  the  existence  and  maintenance  of  the 
Norman  Dam,  or  its  continued  existence  and  future  control  for  the 
purpose  of  maintaining  the  recommended  level  and  the  regulation 
of  the  outflow  from  the  Lake  of  the  Woods,  is  not,  under  any  circum- 
stances, a  matter  for  ctmsideration  either  under  Articles  III  or  VIII. 
By  the  express  terms  of  Article  III  it  applies  only  to  uses,  obstruc- 
tions, and  diversions  of  haundary  waters  and  not  to  waters  flowing 
therefrom. 

That  part  of  Article  VIII  which  is  relied  on  by  counsel  does  not 
relate  to  obstructions  in  boundary  waters  at  all,  but  wholly  to  the 
use  of  boundary  waters.    It  is  as  follows: 

The  fuUuwliiK  onlvr  uf  prvceduuce  sliull  be  obM?rv<Hl  umuiig  the  varkMia  oaw, 
enumerated  hereiiiHfter,  fi>r  these  waters,  and  nu  uae  Hhnll  be  iwrinltted  whkh 
tends  innlcTlnlly  to  confllrt  with  or  re«traln  nny  «>th«n  uw  whirh  l»i  g1r«>n  prrf- 
erenco  ovor  It  In  IIiIh  order  of  prtHvdence. 

Then  follows  the  enumeration  of  the  uses  in  the  order  of  their 
precedence.    This  article  then  provides  as  follows: 

The  foregoUiK  provlHUmH  Hiinll  not  apply  to  or  disturb  soy  existing  turn  of 
boundury  waters  on  oltlier  side  of  ttie  iMundary. 

1'hat  i.s,  the  order  of  precedence  of  existing  uses  shall  not  be  dia- 
turbcd. 

It  will  be  observeil  that  under  the  provisions  of  boUi  of  then  arti- 
cles the  waters,  the  obstructions  of  which  has  been  **  heretofore  per- 
mitted "  or  heriMifter  authorized,  must  be  boundary  watera;  thai  it, 
waters  through  which  the  boundary  line  between  the  two  couatrMa 
paates. 

The  Norman  Dam  ia  heated  in  the  Winnipeg  Ri\-er  more  Uian  a 
mile  below  the  weitem  outlet  of  the  Lake  of  the  Woods.    It  ia  thara- 


108       FINAL  KEPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

fore  an  obstruction  in  waters  flowing  from  boundary  waters,  and 
can  be  considered  only,  if  at  all,  under  Article  IV,  which  is  as  follows : 

The  high  contracting  parties  agree  that,  except  in  cases  provided  for  by 
Rpecial  agreement  l)etween  them,  they  will  not  permit  the  construction  or  main- 
tenance, on  their  respective  sides  of  the  boundary,  of  any  remedial  or  protective 
Horks  or  any  dams  or  other  obstructions  in  waters  flowing  from  boundary  wa- 
ters or  In  waters  at  a  lower  level  tlian  the  boundary  In  rivers  flowing  across 
the  boundary,  the  eflfect  of  which  Is  to  raise  the  nntural  level  of  waters  on  the 
other  side  of  the  boundary,  unless  the  construction  or  maintenance  thereof  is 
approved  by  the  aforeaaid  International  Joint  Commission. 

This  article,  therefore,  does  not  apply  to  uses  or  diversions  either 
of  boundary  waters  or  waters  flowing  therefrom.  It  makes  no  refer- 
ence to  existing  dams  or  obstructions  "heretofore  permitted."  It 
does,  however,  expressly  prohibit  the  construction  or  maintenance 
of  obstructions  in  waters  flowing  from  boundary  waters  on  either 
side  of  the  boundary,  the  effect  of  which  is  to  raise  the  natural  level 
of  waters  on  the  other  side  except  when  authorized  by  special  agree- 
ment between  the  high  contracting  parties  or  "  unless  the  construction 
or  maintenance  thereof  is  approved  hy  "  this  commission. 

If  Article  III  of  the  trea,ty  were  to  govern  the  commission  in  its 
consideration  of  the  future  regulation  of  the  levels  of  the  Lake  of 
the  Woods  and  the  use  of  its  waters,  and  if,  as  argued  by  counsel 
for  the  Dominion  Government,  "  the  uses  that  had  been  made  of  the 
boundary  waters  and  the  waters  flowing  into  and  out  of  them  "  were 
not  to  be  "  subject  to  future  consideration,"  the  commission  would  be* 
precluded  from  considering  "  such  further  use  "  of  the  waters  of  the 
Lake  of  the  Woods,  as  is  requested  by  the  Winnipeg  River  water- 
power  interests,  in  order  that  the  outflow  might  be  equalized  far 
beyond  any  equalization  attempted  in  the  past.  The  use  of  the 
waters  of  the  lake  for  navigation,  fishing,  and  power  purposes  at  the 
outlets  would  then  receive  prior  consideration.  This  would  limit 
the  maximum  draft  on  the  lake  to  about  3  feet,  and  of  course  would 
not  permit  of  the  most  advantageous  use  of  these  waters.  The  use 
of  the  Lake  of  the  Woods  as  an  equalizing  reservoir  for  the  Winni- 
peg River  water  power  is  essentially  a  new  one.  No  "  question  of  dif- 
ference" existed  at  the  time  of  the  reference  which  involved  this 
use.  It  is,  however,  made  a  proper  subject  for  consideration  by  the 
commission  under  question  one  of  the  reference. 

I  therefore  maintain  that  the  scope  of  this  reference  and  the  duty 
of  the  commission  thereunder  involves  consideration  of  the  future 
effect  of  the  Norman  Dam  upon  riparian  lands  lying  above  ordinary 
high-water  mark  under  natural  conditions,  and  also  consideration  of 
the  use  of  this  dam  in  connection  with  the  regulation  of  the  water 
flowing  from  the  lake  for  the  purpose  of  securing  its  most  advan- 
tageous use.  I  maintain  further  that  such  consideration  is  both 
authorized  and  justified  by  the  provisions  of  the  treaty  and  is  neces- 


PINAL  BEPOKT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      109 

sary  in  order  to  fully  answer  the  three  questions  of  the  reference,  and 

the  commission  so  decided. 

This  interpretation  of  the  treaty  is  clearly  within  the  nik  laid 
down  by  the  Supreme  Court  of  the  United  States  in  Tucker  v.  Alex- 
andross  (183  U.  S.,  424),  where  Justice  Brown,  delivering  the  opin- 
ion of  the  court,  says : 

As  trenties  are  solemn  engagements  entered  into  between  independent  nations 
for  the  common  development  of  their  Interests  and  the  interests  of  civillzatioo, 
and  as  their  main  object  is  not  only  to  avoid  war  and  secure  u  lasting  and  per- 
petual peace,  but  to  promote  a  friendly  feeling  l)etween  the  people  of  the  two 
countries,  they  should  i)e  interpreted  in  that  broad  and  lil)eral  spirit  which  Is 
calculated  to  make  for  the  existence  of  a  perpetual  amity,  so  far  as  it  can  l>e 
done  without  the  siicrifice  of  individual  rights  or  of  those  principles  of  personal 
liberty  which  lie  at  the  foundation  of  our  Jurisprudence. 

To  give  Article  IV  the  interpretation  contended  for  by  counsel 
would  be  in  direct  conflict  with  the  rule  here  stated,  because  it  would 
not  tend  to  "  promote  a  friendly  feeling  between  the  people  "  of  these 
two  countries  to  continue  the  condition  that  gave  rise  to  the  questions 
and  matters  of  difference  between  tliem,  set  forth  in  the  reference.  It 
would  tend,  rather,  to  aggravate  them.  Nor  would  this  be  an  inter- 
pretation "  in  that  broad  and  liberal  spirit  which  is  calculated  to  make 
for  the  existence  of  a  perpetual  amity ''  between  the  parties  to  this 
reference.  On  the  other  band,  my  interpretation  does  not  "sacrifioe 
individual  rights  or  tho.se  principles  of  personal  liberty  which  He  at 
the  foundation  of  our  jurisprudence,''  because  these  rights  and  liber- 
ties, so  far  as  they  are  involved  in  the  continued  maintenanoe  of 
obstructions  in  these  waters,  e.xisting  at  the  time  the  treaty  Wftsniftde, 
can  all  be  secured  and  protected  by  special  agreement  belWMn  Um 
high  contracting  parties  or  by  invoking  the  jurisdiction  of  this  com- 
mission for  that  purpose,  as  provided  bv  the  treaty  of  January  11, 
1909. 

Dated  at  Detroit,  Michigan,  May  18, 1917. 

Jaiob  a.  Tawmit. 

We  fully  concur  in  the  foregtnng  supplemental  concluaioni  uid 
reconmiendations. 

Ohadiar  Qabdiiib. 
Kuucirr  B.  Glbmii. 


Plate  21. 


EVENING   ON   THE   UPPER   WATERS. 


Part  III. 
SUPPLEMENT. 

I.— PHYSICAL  CONDITIONS. 

The  Lake  of  the  Woods  forms  part  of  the  boundary  waters  be- 
tween the  United  States  and  the  Dominion  of  Canada.  The  Prov- 
inces of  Ontario  and  Manitoba  and  the  State  of  Minnesota  meet  at 
the  head  of  the  Northwest  Angle  Inlet,  on  the  west  side  of  the  lake. 
Lying  between  the  two  great  inland  seas  of  Superior  and  Winnipeg, 
the  Lake  of  the  Woods  as  one  sees  it  on  the  map  of  North  America 
appears  to  be  a  comparatively  insignificant  body  of  water.  Indeed, 
to  anyone  not  thoroughly  familiar  with  the  region  it  is  difficult  to 
realize  that  this  beautiful  island-studded  lake  covers  an  area  of  nearly 
1,500  square  miles. 

The  Lake  of  the  Woods  has  been  known  under  a  variety  of  names 

:it  different  periods  of  its  history.     Th^  Indians  called  the  northern 

portion  Kamnitic  Sakahagan,  which  has  been  variously  translated  as 

Lake  of  the  Woods  and  Island  Lake ;  and  the  southern  portion  Pek- 

waonga  Sakahagan,  or  Lake  of  the  Sand  Hills.     Another  Indian 

name  is  translated  as  liMiitefish  Lake.    This  is  now  applied  to  that 

portion  of  the  lake  east  of  Sioux  Narrows.    The  northwest  part  of 

the  lake  was  known  as  Clearwater  Ijake — now  Clearwater  Bay. 

Another  Indian  name  applied  to  the  lake  was  Minitie  or  Minnititi. 

During  the  period  of  French  nile  in  Canada,  the  lake  was  variously 

known  to  explorers  and  fur-traders  as  Lao  dee  Bois,  Lac  des  Sioux, 

Lac  des  lies,  and  in  one  case  as  Lac  des  Christiiieaux,  a  name  more 

generally  applied  to  I^ke  Winnipeg.    The  present  name  ia,  of  course, 

a  translation  of  the  French  Lac  des  Bois,  which  was  itself  probably 

a  translation  of  one  of  the  old  Indian  names.    Itainy  Lake  was 

known  to  the  Indians  as  Takamimouen,  and  to  the  early  French 

travelers  as  Lac  la  Pluie,  of  which  the  present  name  \»  a  translation. 

Siinilnrly  T^ainy  River  was  known  as  Rivi^  du  Lac  la  Pluie. 

Winnipeg  Kivcr,  which  carriea  the  waters  of  the  Lake  of  the  Woods 

to  Lake  Winnipeg,  has  been  known  at  various  periods  as  Riri^re 

Maurcpas,  Riviere  Blanche,  White  River,  and  Sea  River.    The 

present  name  is  n  translation  of  the  old  Indian  designadon,  Wi-nipi. 

meaning  turbid  water,  which  appears  oo  tlie  old  maps  as  Ouinipiqne. 

Ill 
108086-17 8 


112       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

Ouinipigon,  Winnipeek,  Winipic,  Winnipeggon-e-sepe,  and  a  score 
or  more  of  variants. 

The  watershed  tributary  to  the  Lake  of  the  Woods  comprises,  as 
already  mentioned,  an  area  of  26,750  square  miles,  of  which  58  per 
cent  is  located  in  Canada  and  42  per  cent  in  the  United  States.  The 
Canadian  portion  is  located  within  the  Provinces  of  Ontario  and 
Manitoba,  while  the  United  States  portion  is  located  entirely  in  the 
State  of  Minnesota.  The  predominant  characteristic  of  the  water- 
shed is  an  abundance  of  irregularly  shaped  lakes  and  numerous 
short,  broken  streams.  These  lakes  and  rivers  make  up  3,9(50  square 
miles,  or  14.8  per  cent  of  the  total  area.  The  international  boun- 
dary follows  the  old  canoe  route  of  the  fur  traders  from  Lake  Su- 
perior to  the  Lake  of  the  Woods,  and  enters  the  watershed  at  North 
Lake.  From  there  it  runs  through  (Junflint  Lake,  Saganaga  Lake, 
Knife  Lake,  Basswood  Lake,  Crooked  Lake,  La  Croix  Lake,  Hand 
Point  Lake,  Namakan  Lake,  and  thence  via  Kettle  Falls  to  Rainy 
Lake.  Connecting  these  larger  bodies  of  water  are  several  smaller 
lakes  and  streams  with  numerous  rapids;  the  whole  system  consti- 
tuting an  almost  continuous  waterway.  From  Rainy  Lake  the 
boundary  rims  down  Rainy  River  to  the  Lake  of  the  Woods. 

The  watere  flowing  from  the  Lake  of  the  Woods  enter  one  of 
the  largest  drainage  systems  of  the  continent — that  of  the  Nelson 
River — through  which  the  surplus  watei"s  from  the  central  forest 
region  and  a  large  portion  of  the  prairie  provinces  of  Canada, 
together  with  a  considerable  portion  of  Minnesota  and  North  Dakota, 
find  egiess  into  Hudson  Bay.  The  ridge  at  the  eastern  edge  of  the 
watershed,  approaching  to  within  15  miles  of  Lake  Superior,  divides 
the  region  draining  into  Hudson  Bay  from  that  draining  into  the 
great  St.  Lawrence  system;  and  that  at  the  south  divides  this  region 
from  the  Mississippi  Valley  drainage.  Toward  the  upper  waters 
of  the  St.  Louis  River  there  is  an  area  of  swamp  which  during 
high  water  overflows  into  the  headwaters  of  each  of  the  three  great- 
est drainage  systems  of  the  continent.  Any  particular  drop  of 
water  falling  in  this  swamp  area  may  ultimately  finds  its  way  either 
to  Hudson  Bay,  the  Gulf  of  St.  Lawrence,  or  the  Gulf  of  Mexico. 

The  climate  is  typical  of  interior  regions  located  in  similar  lati- 
tudes. The  temperature  varies  from  an  extreme  maximum  of  100° 
above  zero  during  July  to  an  extreme  minimum  of  50°  below  zero 
during  the  winter  months.  On  account  of  the  influence  of  the  forests 
and  lakes  the  summer  temperatures  are  not  so  high  nor  the  winter 
temperatures  so  low  as  in  the  prairie  region  to  the  westward.  The 
average  annual  precipitation  is  about  25  inches,  of  which  5  inches 
occurs  as  snow  during  the  winter  months.^ 

*  See  Report  of  ConsuUing  Engineers,  Tables  1-5 ;  Plates  1-13. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      113 

The  curious  phenomenon  of  the  lower  hikes  reaching  their  flood 
stages  several  months  after  the  spring  breakup  and  rains  may  here 
be  witnessed.  The  reason  for  this  is  that  each  of  the  many  upper 
lakes  forms  an  equalizing  basin  which  retards  the  incoming  waters 
and  produces  such  uniformity  that  the  last  of  the  chain,  the  I>ake 
of  the  Woods,  rises  slowly,  generally  attaining  its  highest  level  in 
July,  and  then  as  slowly  falls  again. 

From  the  narratives  of  the  early  fur  traders  and  explorers  who 
fi!\st  crossed  Rainy  Lake  and  the  Lake  of  the  Woods,  we  have  more 
or  less  broken  accounts  of  the  physiography  of  this  region,  some  of 
which  will  be  noted  in  subsequent  chapters. 

At  later  dates,  eminent  geologists  from  both  countries  have  made 
available  a  number  of  excellent  reports  concerning  the  various  rock 
formations,  ore-bearing  strata,  and  surficial  soils.  In  connection 
with  this  present  investigation  the  commission  has  during  its  sur- 
veys of  the  past  three  years  procured  a  large  amount  of  physical 
information  bearing  principally  upon  the  character  of  the  lands 
affected  directly  by  the  level  of  the  waters  in  the  different  lakes. 

A  description  of  the  physical  geography  of  the  Lake  of  the  Woods 
watershed  can  hardly  be  complete,  however,  without  tracing  the 
role  played  by  glaciers  in  the  formation  of  its  surface.  During  the 
glacial  period,  which  has  l)een  variously  estimated  by  geologists  M 
dosing  from  six  to  ten  thousand  years  ago,  the  entii-e  upper  portion 
of  the  central  valley  of  North  .Vmerica  was  covered  by  a  mass  of 
ice.  The  greatest  thickness  over  R<'ltranii  County  in  Minnesota  has 
been  estimated  at  1,000  feet.  This  gn»at  extent  of  ice  joine<l  the 
Arctic  fields  on  tiie  north  and  extended  southward  approximately 
to  the  line  of  the  Ohio  an<l  Mississippi  Rivers.  In  the  Se>*enth 
Annual  Report  of  the  United  States  (reologi(*al  Survey  the  extent 
of  the  ice  invasion  is  descrilx'd  as  follows: 

Therp  whs  ItuJpwl  n  «tirreHj»l«»n  of  H<lvnnco»«  nn«l  rctrwitH.  but  It  Ij«  uftw»  nm- 
vcnlont  to  HiMMik  of  the  wln>|«»  n<*  one  frrent  oiHot  of  ln».  thonch  It  n«»w  in»- 
I»onrH  tluit  tluMv  whs  h(  Umihi  oiu»  very  prolonmHl  iot(>rvnl.  h»'«l«lcw  Nrvrmi 
tiiliior  niu>M.  TIh*  iiioMt  strlkliiK  fu«'i  recpecttDg  Uio  llmltntltm  of  ilit<  ilrift- 
Mtmiiii  lrn<-t  of  llu>  tiilorlor  Ih  Km  Hpproxlmate  mlncliUMitv  with  the  Ohio  niNl 
MIsMourl  Hlvorx.  In  tho  f«»rnM>r  chmo  It  n\u  only  Ih»  n*inir«UHl  an  no'liliMilnl. 
whilo  In  flic  Inttor  mw  tlip  rplntlon  Meemii  to  be  rauwil  In  »n»»  ntMmurr.  f»»r 
t\w  <'our«»  of  the  prpf««»nt  Mlwourl  appMum  to  have  l>iM»n  muoh  Innuonml  by  llw 
lnvH<llnK  ht».  ♦  •  •  'i'h«  rtH'k  m^ourlnsH  arr  th«»  tmll*  left  by  tlH»  Invmlrr. 
TlH»lr  <hunuter  mHouUI  rfvi«nl  ihu  nniun*  tif  tho  Uv  vlHlinnt  a*  irockH  n«\^^l 
Uif  tiiirk  nuiker.  Th«  track  of  n  Kinder  In  im  unniUtakiible  an  ihnt  of  n  iimii 
or  n  l>onr. 

Toward  the  cU)«e  of  the  glacial  |>criod  the  anieliomtion  of  the 
cliiinite  cause<l  the  ice  slieet  to  recede  up  the  Miwiwippi  VelkjT* 
When  by  melting  away  the  iuat«i  passeil  the  divide  which  sepeimtw 
(he  waters  draining  into  Hudson  Day  from  Utoee  draining  into  the 


114      PINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

Gulf  of  Mexico,  a  lake  was  formed  with  the  divide  as  its  southern 
and  the  ice  barrier  as  its  northern  shore.  This  lake,  since  called 
Lake  Agassiz,  fed  by  glacial  melting,  spread  northward  and  cov- 
ered a  considerable  portion  of  Minnesota,  Manitoba,  North  Dakota, 
Ontario,  and  Saskatchewan. 

Roughly  the  boundary  of  Lake  Agassiz  in  the  Lake  of  the  Woods 
district  extended  from  a  slight  distance  south  of  Red  Lake  easterly 
to  an  intersection  with  the  Big  Fork  River,  thence  northeasterly  to 
the  middle  portion  of  Rainy  Lake,  thence  northerly  to  the  outlet  of 
Lac  Seul,  thence  northwesterly  to  a  point  below  the  outlet  of  Lake 
Winnipeg.  Its  outlet  for  a  time  was  through  Browns  Valley,  the 
point  where  the  sources  of  the  Red  and  Minnesota  Rivers  meet. 
Here  as  time  elapsed  the  outlet  channel  became  deeper,  and  the  lake 
accordingly  lower,  thus  accounting  for  the  gravel  beaches  found  at 
different  elevations  in  northern  Minnesota  and  in  Manitoba.  Event- 
ually a  northern  outlet  to  the  waters  of  Lake  Agassiz  was  formed, 
so  that  now  the  remaining  lakes,  such  as  the  Lake  of  the  Woods  and 
Lake  Winnipeg,  held  by  natural  barriers,  are  left  as  miniature  rep- 
resentatives of  the  greater  body. 

The  leveling  action  of  the  ice  sheet  has  been  so  thorough  that  at 
no  part  of  the  watershed  does  the  elevation  above  sea  level  greatly 
exceed  2,000  feet.  Along  the  boundary  the  elevations  ascend  from 
600  feet  above  sea  level  at  Lake  Superior,  up  the  precipitous  Pigeon 
River  to  about  1,800  feet  at  the  divide,  from  which  a  descent  is  made 
to  1,060  feet  above  sea  level  at  the  Lake  of  the  Woods.  Where  the 
49th  parallel  crosses  the  Red  River  of  the  north  at  the  very  interior  of 
the  continent,  the  elevation  is  only  750  feet  above  sea  level,  the  lowest 
point  on  the  international  boundary  between  Lake  Superior  and  the 
Pacific  slope.* 

The  Lake  of  the  Woods  watershed  presents  two  general  types  of 
surface  formation.  The  first  and  most  extensive  may  be  divided 
roughly  from  the  other  by  a  line  extending  from  the  west  point  of 
Vermilion  Lake  in  Minnesota,  northwesterly  to  the  outlet  of  Rainy 
Lake,  and  thence  in  the  same  direction  to  the  southern  extremity  of 
Shoal  Lake.  The  first  portion,  which  lies  northeast  of  this  line,  may, 
except  for  isolated  areas,  be  termed  driftless;,  with  scanty  soil  cov- 
ering and  frequent  rock  outcrops.  The  outcropping  rock  consists 
of  granite,  gneisses,  schists,  and  agglomerates,  with  sedimentary 
rocks  appearing  eastward  from  Rainy  Lake,  and  certain  volcanic 
formations  bordering  the  Lake  Superior  height  of  land.  From  Lake 
Vermilion  a  ridge  of  granite  iron-bearing  formation,  commonly 
known  as  the  Vermilion  Range,  extends  northeastward  into  Canada, 
crossing  the  international  boundary  at  Gunflint  Lake.* 

'  See  The  Glacial  Lake  Agassiz,  by  Warren  Upham,  United  States  Geological  Surrey, 
Monograph  XXV. 
*  See  W.  A.  Johnston,  Rainy  River  district. 


FINAL  BEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION.       115 

The  other  district  to  the  southwest  of  the  general  line  preWously 
described  is  covered  by  a  deep  glacial  drift.  Part  of  the  surface 
formation  here  has  been  altered  by  the  action  of  Lake  Agassiz  in 
the  depositing  of  various  clays  and  sands.  In  certain  localities  de- 
posits of  marl  are  found,  while  in  others  it  is  possible  to  trace  the  suc- 
cessive levels  of  the  old  lake  by  gravel  beaches  cast  up  at  different 
elevations.  The  surface  soil  varies  from  a  clayey  to  sandy  loam  and 
when  cleared  of  timber  produces  all  crops  suitable  to  the  latitude. 

A  considerable  portion  of  this  area  of  glacial  drift,  which  has  not 
been  artificially  drained,  consists  of  partially  forested  swamp  caused 
by  the  growth  of  moss  on  the  uneven  surface  or  by  the  work  of 
beavers  in  building  dams.  Where  the  water  in  the  swamps  is  five 
feet  or  more  in  depth,  a  growth  called  muskeg  is  formed,  consisting 
of  moss  which  fills  the  water  sufficiently  to  hide  it,  but  yields  to  the 
foot  so  that  one  may  sink  waist  deep.  During  the  centuries  re- 
quired to  form  these  swamps,  the  disintegrated  vegetation  has  been 
deposited  on  the  impervious  bottom  of  the  natural  pockets  forming 
layers  of  peat.  A  depth  of  12  feet  of  peat  is  not  uncommon  in  the 
larger  swamps  of  Beltrami  and  Roseau  Counties  in  Minnesota. 

The  underlying  rock  of  the  deep  drift  area  is  indicated  by  out- 
crops at  Long  Sault  Kapids,  Manitou  Kapids,  Rapid  River,  Long 
Point,  Rocky  Point,  and  Zippel,  which  generally  consist  of  schists  or 
slates.  In  the  vicinity  of  Swift  to  the  south  of  the  Lake  of  the 
Woods  several  artesian  wells  have  been  sunk. 

The  drainage  system  of  the  upper  portion  of  this  region  haa  been 
termed  '^ immature^'  by  geologists.  This  is  indicated  by  the  large 
number  of  lakes  some  of  which  are  entirely  landlocked,  by  the  ab- 
sence of  large  streams,  and  by  the  fact  that  the  rivers  are  generally  a 
series  of  lakes  or  pools  connected  by  rapids  or  falla.  Moat  of  the 
lakes  have  had  a  mixed  origin,  owing  their  eTiiitence  to  pregladal 
erosion  which  scooped  out  deep  valleys,  and  then  to  the  drift  which 
left  dams  across  these  valleys  at  intervals,  forming  the  chains  of 
lakes  we  now  find  in  certain  districts.  The  Lake  of  tlie  Woods  and 
Rainy  Lake  both  appear  to  be  of  mixed  origin,  the  northern  thoret 
being  formed  by  the  bare  glaciated  rocks  while  the  southern  thoret 
are  formed  by  a  gently  sloping  drift 

Referring  to  the  physical  characteristics  of  the  Lake  of  the  Woodt, 
A.  C.  Lawton  tayi: 

The  Lake  of  the  Woods  l»  uaturaUy  dlvlttotl  luio  two  dtatlnct  parts,  iMTtaf 
Mtrongly  markod  dIffarencM*  In  their  phjnlcal  aiiMcti.  TIm  norttara  partloa 
iios  an  exoMdveljr  Irrtgalar,  rodqr  coast  Itoe,  and  Its  whole  eipaaaa  Is  tlMtly 
studded  with  lalaadi,  Tarylnf  in  shw  troni  msre  rocfcjr  MMa  to  tmmm  oC  Itad 
manj  miles  In  extent.  The  nouthern  portion  presents  the  cootrasttBc  fhararter 
of  a  hroad  shset  of  shallow  water  slniost  totslb*  trw  fnttu  lalaads*  csntalnsd  Iqr 
low,  sandjr  oc  marshj  shores  of  gentle  sinuous  outline.  In  which  rock  enwearsa 
are  sxtremelj  fsw,  the  whole  In  remarkahle  oppoaltloo  to  the  Jaoid  cllfh  and 
tortuous*  lsland<blocked  channels  of  the  northern  porttoa. 


116       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

The  line  of  demarkation  between  these  two  naturally  distinct  portions  of 
the  lake  is  nearly  coincident  with  the  international  boundary  line  from  the 
Northwest  Anple  to  the  mouth  of  Rainy  River,  were  that  line  to  bend  around 
so  as  to  pass  the  southern  extremity  of  BlKsby  Island  and  strike  the  main  shore 
Sfuith  of  Little  (irassy  River,  it  would  separate  as  nearly  as  possible  the  two 
portions  of  the  lake  thus  characterizetl.' 

On  the  steep  rocky  shores  of  all  the  lakes  of  this  watershed,  marks 
of  lichens,  remaining  after  the  action  of  the  water,  are  the  means  by 
which  nature  has  preserved  records  of  previous  stages  of  water. 
These  lichen  marks  have  been  of  great  importance  to  the  various 
engineers  investigating  hydraulic  problems,  since  they  give  an  indi- 
cation of  flood  stages  reached  in  the  past  and  which  may  recur  in 
the  future.  The  eflfect  of  the  disintegrating  action  of  the  lichens 
wliich  everywhere  cover  the  rocks  has  been  described  as  follows: 

The  present  aspetrt  of  the  glaciated  rock  surfaces  along  the  water's  edge  bears 
much  the  same  relation  to  that  of  the  lichen-covered  rocks  away  from  thei 
water  as  a  iwlished  and  engraved  surface  of  steel  might  do  to  that  of  a 
similarly  engraved  but  ruste<l  piece  of  iron.  The  waters  of  the  hike  have 
evidently  had  a  protecting  influence  upon  the  rock  surfaces  along  their  shores, 
keeping  them  from  the  organic  acids  of  vegetation  and  the  carbonic  acid  of 
the  atmosi>bere,  which  have  eaten  Into  the  surface  elsewhere,  and  I'endered 
the  grooves  and  8trla»  faint  and  sometimes  scarcely  perceptible.* 

Speaking  of  the  southern  portion  of  the  Lake  of  the  Woods  as  it 
was  in  1873,  Dr.  George  M.  Dawson  says : 

The  southern  and  larger  part  of  the  lake,  proiierly  called  Sand  Hill  Lake, 
washes  bare  I^aurentlan  rocks  along  its  northeni  e<lge.  while  the  whole  of  its 
southern  and  southwestern  margin  Is  forme<l  of  sand  and  detrital  naUter  and 
sweeiMi  n)und  In  large  gently  roundeil  bays  very  different  from  the  nari-ow 
irregular  passages  of  the  north.  This  southern  portion  of  the  lake  is  also 
comparatively  shallow  and  i)eri)etually  extending  its  border  southward  and 
westward  among  the  swamps,  sand  hills,  and  lagoons  by  which  it  is  there  sur- 
rounded and  spreading  detritus  thus  obtaineil  over  its  bed.  The  evidence  t)f 
this  Is  everywhere  apparent  along  its  southern  margin  where  tanairack  swamps 
are  in  some  places  so  rai)id]y  encroached  on  that  the  trees  may  be  seen  along 
the  shore  bending  forward  at  every  angle  and  falling  into  the  lake.  Some 
parts  of  the  shore  have  in  this  way  become  8urn)unded  by  an  almost  Impassible 
belt  of  tangled  and  waterworn  trunks  and  branches.' 

Captain  Twining,  in  his  report  as  chief  astronomer  to  the  United 
States  Northern  Boundary  Commission,  says  of  the  Lake  of  the 
Woods  as  he  found  it  in  1872-73 : 

The  western  and  southern  shores  are  bordered  by  vast  swamps,  the  division 
between  the  swamps  and  the  lake  being  distinctly  marked  in  some  places  by 
small  ridges  of  sand  hills,  but  generally  only  by  a  narrow  sandy  beach,  or  an 
accumulation  of  driftwood  and  brush.     *     *     *    The  Lake  of  the  Woods  re- 

1  A.  C.  Lawson,  Report  on  the  Geology  of  the  Lake  of  the  Woods  Region,  p.  115. 
•Idem,  p.  28. 

»  Report  on  the  Geology  and  Resources  of  the  Region  in  the  Vicinity  of  the  Forty-ninth 
Parallel,  pp.  203-204. 


Plats  73. 


a.  K»)()CHlCinN<!    FALLS   IN   A   STATK  OK  NATIIIE. 


1     M       1  I.AU,  UAT  IIUUT  KIVU;. 


FINAL  REPORT  OF   THE  INTERNATIONAL  JOINT  COMMISSION.      117 

f-eiveH  two  additional  tributaries,  one  from  the  southwest  called  the  War  Road 
River,  and  another  from  the  west,  called  Reed  River.  These  streams  are  simplr 
small  channels  cut  in  the  marshes  or  muslceKS.  They  drain  a  width  of  mamta 
varying  from  8  to  IG  miles  in  width.* 

Incidental  references  are  found  in  the  narratives  of  several  of 
the  early  travelers  to  marked  variations  in  the  level  of  the  lake  at 
various  periods.  Alexander  Henry  says  in  his  Journal,*  on  Au^ist 
7,  1800: 

Ilefore  daybrealt  the  wind  fell,  when  we  embarked,  and  finding  the  water 
hi;rh  i>assed  the  little  Portage  du  I>aic  des  Bols  under  full  s;ill.  This  was 
looked  uijon  as  extraordinary;  we  commonly  carry  our  canoes  and  ba^reage  at 
this  place  upwards  of  half  a  mile,  and  sometimes  a  full  mile,  accordinj:  to  the 
state  of  the  water. 

Professor  Keating,  who  visited  the  lake  in  1823  in  connection  with 
a  United  States  Government  expedition,^  says: 

With  a  view  to  avoid  a  circuitous  navigation  round  a  i)roje<"ting  peninsula.  It 
is  usual  for  voyagers  to  make  a  small  i)ortaKe  over  tliis  iK)int.  It  did  not  excee»l 
TOO  yards  at  tlie  time  we  crossed  it  (August,  1823).  Our  guide  wiys 
tliat  it  is  often  under  water  so  that  the  canoes  puss  without  difllculty.  This 
HHiuires  a  rise  of  about  5  or  6  feet  alwve  tlie  level  of  the  waters  at  that 
time. 

Captain  John  Palliser  was  on  the  lake  on  July  4, 1857)  and  says:* 

Ou  coming  to  that  portion  of  our  route  known  as  tlie  Portage  des  Bola  we 
fo»ind  tlie  lake  waters  so  nuich  alntve  their  usual  level  that  we  were  able  to 

Kjiil  riglit  over  it. 

Captain  Butler  writes  under  date  of  August  2, 1870  :• 

We  set  Sill!  for  a  strait  known  as  tlit*  (irassy  i'orlage  widch  the  hiuh  alaf* 
of  water  In  tlie  lake  enubhii  us  to  run  tiirough  witliout  touching  gruuml. 

The  maps  and  reports  of  the  (Geological  Survey  of  Canada  sliow 
that  in  1K81  this  portage  was  covere<l  with  water,  while  in  1883-H4  it 
was  dry  land.  Dr.  (Jeorge  M.  Dawson,  referring  to  Ree<i  River  on 
the  west  side  of  the  lake,  in  August,  1878,  says:  * 

On  entering  the  mouth  of  Uih><I  Itlver,  n  sand  bar  la  nomad,  tlw  watar  on 
which  is  apparently  not  more  than  Ti  fei^t  de(«p<  The  lower  portion  of  th* 
river  Its4>ir,  for  alxuil  4  miles.  Is  Ixith  wide  and  divp  and  not  very  lorluous. 

The  consulting  ongiiuuMs  of  the  couunission  found  the  water  in 
July,  1913,4  fei^t  d(H>p  in  the  HhalloweNt  part  of  Tug  Channel;  that  is 
what  is  now  known  as  French  or  Dry  Portage.  At  the  same  time 
there  were  2  to  2^  feet  of  wat«r  over  the  bar  at  the  mouth  of  Reed 

•  ItcportR  u|Hin  tliP  mirrry  of  thr  bouodarr.     Waahlagton.  ISTS.  pp.  53.  ftS 

•  N»w  l.tRhl  on  the  Karly  lllntury  uf  tUo  ()r««tM-  Norlhwrtit.     Vol.  1.  p.  Su 

'  Nnrrnilvp  of  an  KiptdUion  to  tbo  8o«re««  et  St.  rM«r*s  BIw.  Ht^  fol,  I.  p.  110. 
Mourimta,  lUpofta,  Md  ObmnrstloMi  Bslatlag  to  tk*  ■a|>li>iattoi  of  Brittak  Hwtk 
Amcrli-a,  p.  S4. 
*UrMt  lx>nr  l.an(l.  p.  60. 

•  Report  on  thr  Oooloo  sad  RMoorcw  o(  lb*  Bagloo  la  tiM  Vklalty  of  tlM  ry>r<r-a>atii 
Parallfl.  p.  S7S. 


118       FINAL  KEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

River,  and  the  river  was  about  50  feet  wide  and  16  feet  deep  a  short 
distance  from  its  mouth. 

The  temperate  climate,  together  with  the  great  number  of  lakes, 
which  comprise  about  15  per  cent  of  the  area  of  the  entire  water- 
shed, combine  to  give  a  natural  regulation  to  the  waters  of  the  Lake 
of  the  Woods  seldom  obtained  even  with  extensive  artificial  works. 

In  order  to  convey  some  idea  of  the  volume  of  water  corre- 
sponding even  to  1  foot  of  depth  on  some  of  these  lakes,  it  may 
be  stated  that  in  the  Lake  of  the  Woods  a  depth  of  1  foot  is  equiva- 
lent to  41.4  billion  cubic  feet  of  water,  while  the  corresponding  vol- 
ume for  1  f(X)t  on  Rainy  Lake  is  9.6  billion  cubic  feet  Speaking 
in  other  terms,  a  depth  of  1  foot  on  the  Lake  of  the  Woods  would 
supply  1,313  cubic  feet  per  second  for  one  year,  while  1  foot  depth 
on  Rainy  Lake  would  supply  305  cubic  feet  per  second  for  the  same 
period. 

There  are  a  number  of  sites  on  the  upper  watershed  in  both 
countries  where  water  power  could  be  developed,  in  both  Canada  and 
the  United  States,  should  increasing  population  demand  it,  but  this 
can  be  more  conveniently  dealt  with  in  another  chapter. 

The  region  tributary  to  the  Lake  of  the  Woods  presents  a  number 
of  types  of  physical  conditions.  These  conditions  have  in  a  manner 
controlled  the  important  industries  now  thriving  on  the  watershed. 
We  find  a  surface  ranging  from  alluvial  lake  bed  to  bare  rock  with 
scanty  soil,  or  an  area  covered  entirely  by  forest,  except  where  arti- 
ficially cleared.  We  find  one  portion  well  fitted  for  agricultural 
purposes  and  another  for  forestry  and  mining.  The  numerous  lakes 
and  rivers  offer  opportunity  for  fisheries,  navigation  and  water 
power,  in  addition  to  their  scenic  charm. 


n.— HISTORY  OF  THE  EEGION. 

Which  among  white  men  first  saw  the  Lake  of  the  Wood*  is  a 
question  not  entirely  free  from  doubt,  but  such  evidence  as  is  avail- 
able points  to  Jacques  de  Noyon,  a  native  of  the  town  of  Three 
Rivers,  on  the  St.  Lawrence.  In  the  year  1687  or  1688,  de  Xoyon 
ascended  the  Kaministikwia  Kiver,  which  empties  into  Lake  Su- 
perior where  the  city  of  Fort  William  now  stands,  and  following  a 
chain  of  lakes  and  streams,  with  many  portages,  up  to  the  height 
of  land  and  down  by  other  waterways  to  the  lake  of  the  Grists  or 
Cristinaux,  which  we  know  to-day  as  Rainy  Lake,  built  a  small 
trading  post  at  the  western  end  of  this  lake,  or  on  the  banks  of  the 
Tekamimouen  or  Ouchichiq  River  (Rainy  River),  where  he  spent 
the  winter. 

The  only  known  account  of  de  Noyon's  journey  is  contained  in 
a  memoir  by  the  Intendant  Begon,  dated  12th  November,  1761,* 
and  from  this  we  learn  that  the  following  spring  the  explorer  with  a 
party  of  Indians  descended  Rainy  River  to  the  Lake  of  the  Woods. 
Begon's  description  leaves  no  doubt  as  to  the  identity  of  Uie  stream. 
''About  two  leagues  after  entering  the  river,"  he  suys,  "  there  is  a  fall 
wliere  a  small  portage  is  required,  and  there  are  also  two  oUiar 
small  falls  where  portages  also  re<iuire  to  be  made,  and  tben  we  oome 
to  Lac  aux  lies,  otherwise  called  Asiniboiles.'^  The  first  fall  men- 
tioned is  that  which  breaks  the  stream  between  Fort  Frances  and 
International  Falls;  the  other  two  are  Manitou  Rapids  and  the 
Long  Sault. 

'^On  entering  this  lake  (Lake  of  the  Woods),**  continues  Begon, 
"  to  the  left  the  country  is  barren,  and  on  the  right-hand  side  it  is 
provided  with  all  sorts  of  trees  and  filleii  witli  numerous  iaUnds.** 
At  the  end  of  the  lake,  according  to  Indian  report,  there  was  a 
river  emptying  into  the  ^^  Western  Sea."  The  Mer  de  TOuest,  or 
Western  Sea,  had  been  the  goal  of  French  exploration  from  Can- 
ada almost  from  the  founding  of  the  culouj'.  As  the  tide  of  dis- 
covery rolled  westward,  the  elusive  Western  Se»  receded  before  it. 
Obviously,  the  great  body  of  water  which  the  Indisns  described 
to  de  Noyon,  and  which  Begon  calls  the  Western  Ses,  wm  what  we 
know  to-day  as  Lake  Winnipeg.  At  a  later  date  it  was  sought  f6r 
far  to  tlie  west  and  southwe^  seross  tlie  great  plains.  It  remained, 
in  fact,  for  Alexander  Maokenxie  to  finally  prove  Uiat  a  vast  con- 
tinent lay  between  the  St.  r^wrencc  and  the  true  Wortem  See. 


»  Mann*  Mc««v«r«N  tt  ♦tebllwiMiaf  d«  ViMvili*.  ▼.  «.  ^  4SS  <l  M|k 

lit 


120       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

But  this  is  getting  away  from  the  subject.  The  year  after  the 
date  of  B^gon's  memoir,  Lieutenant  Zacharie  Robutel  de  La  Xoiie 
followed  the  same  route  traveled  by  de  Noyon,  from  the  mouth  of 
the  Kaministikwia  to  Rainy  Lake,  which  he  calls  Tekamamiouen, 
and  where  he  built  a  small  stockaded  fort.  La  Noiie  does  not  appear 
to  have  gone  any  farther  to  the  west,  and  therefore  never  saw  the 
Lake  of  the  Woods. 

No  further  attempts  at  western  discovery  appear  to  have  been  made 
until  the  year  1731,  when  Pierre  Gaultier  de  la  Verendrve  began  the 
long  series  of  explorations  to  which  he  was  to  devote  the  remainder 
of  his  life.  He  set  out  from  Montreal  in  the  early  summer  of  that 
year,  with  his  three  sons,  .Tean-Baptiste,  Pierre,  and  Francois,  his 
nephew  La  Jemeraye,  and  a  party  of  soldiers  and  voyageurs,  about 
50  in  all.  They  reached  the  western  end  of  Lake  Superior  toward 
the  end  of  August.  Unlike  De  Noyon  and  La  Noiie,  La  Verendrye 
had  decided  to  follow  a  new  route  to  the  west,  by  way  of  Pigeon 
River,  what  was  later  known  as  the  (irand  Portage  route.  Because 
of  trouble  with  his  men,  he  sent  La  Jemeraye  ahead  with  a  small 
party,  while  he  with  the  remainder  wintered  at  the  Kaministikwia. 

La  Jemeraye  got  thiough  to  Rainy  Lake,  and  built  a  post  which 
he  named  Fort  St.  Pierre,  in  honor  of  the  leader  of  the  expedition, 
on  Rainy  River  near  the  place  where  it  leaves  the  lake  of  the  same 
name.  The  fort  stood  on  what  is  now  known  as  Pithers  Point,  and 
its  site  was  still  recognizable  a  few  years  ago. 

On  June  8,  1732,  La  Verendrye  with  his  men  set  out  for  Fort  St. 
Pierre,  taking  over  a  month  to  traverse  the  intricate  chain  of  small 
streams  and  lakes,  with  their  numerous  portages,  connecting  Lake 
Superior  and  Rainy  Lake.  After  a  short  rest  at  the  fort,  the  entire 
party,  escorted  by  oO  canoes  of  Indians,  descended  Rainy  River  to 
the  Lake  of  the  Woods,  crossed  the  lake  to  what  was  many  years 
later  known  as  the  North  West  Angle  Inlet,  and  built  Fort  St. 
Charles  on  its  southern  side,  in  what  is  now  an  isolated  fragment  of 
the  State  of  Minnesota.  This  is  notable  as  the  first  trading  estab- 
lishment, in  fact  the  first  habitation  of  white  men,  ever  built  on  the 
shores  of  the  Lake  of  the  Woods.  It  is  described  in  one  of  La 
Verendrye's  journals  as  follows: 

The  Interior  of  this  fort  measures  100  feet  with  four  bastions.  There  is  a 
house  for  tlie  missionary,  a  cliurch,  and  another  house  for  the  commandant,  four 
main  buildings  with  chimneys,  a  powder  magazine,  and  a  storehouse.  There 
are  also  two  gates  on  opposite  sides,  and  a  watchtower,  and  the  staljes  are  in 
a  double  row  and  are  15  feet  out  of  the  ground. 

In  the  same  journal  he  describes  Fort  St.  Pierre: 

A  fort  with  two  gates  on  opposite  sides.  The  interior  length  of  the  sides 
is  50  feet  with  two  bastions.  There  are  two  main  buildings,  each  composed  of 
two  rooms  with  double  chimneys.  Around  these  buildings  is  a  road  7  feet 
wide;  and  in  one  of  the  bastions  a  storehouse  and  a  powder  magazine  have 
been  made,  and  there  is  a  double  row  of  stakes  13  feet  out  of  the  ground. 


Platb  S. 


OJIIIWAYS  ,\r   Kiur  KltANi'F.8. 


122       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

known  as  Massacre  Island  in  the  Lake  of  the  Woods.  An  account 
of  this  tragic  incident  in  the  early  history  of  the  lake  will  be  found 
in  Burpee's  Search  for  the  Western  Sea. 

La  V6rendrye  and  his  sons  pursued  their  western  explorations, 
until  they  were  cut  short  by  the  death  of  the  father  in  1749.  During 
this  period  Fort  St.  Pierre  and  Fort  St.  Charles  were  maintained 
as  trading  posts  and  bases  for  the  explorers. 

In  1750,  Captain  Jacques  Repentigny  Legardeur  de  Saint-Pierre, 
who  had  been  appointed  to  carry  on  the  western  explorations  of  La 
V6rendrye,  visited  Fort  St.  Pierre  and  Fort  St.  Charles  on  his  way 
to  Fort  La  Heine  on  the  Assiniboine.  Three  years  later  Saint-Pierre 
returned  to  the  East  by  the  same  route,  having  been  replaced  in  com- 
mand of  the  western  posts  by  an  officer  named  De  La  Corne,  who  no 
doubt  also  visited  the  forts  on  Rainy  River  and  the  Lake  of  the 
Woods.^  This  completes  the  meager  history  of  the  Lake  of  the 
Woods  region  during  the  period  of  French  rule  in  Canada.  It  may 
be  interesting  to  note  that  all  the  explorers  named  were  natives  not  of 
old  France  but  of  Canada. 

Canada,  in  the  language  of  a  recent  writer,  had  scarcely  been 
handed  over  to  England  before  British  traders  began  to  make  their 
way  into  the  west  by  way  of  the  Great  Lakes  to  reap  the  harvest  of 
peltries  for  which  French  explorers  and  traders  had  sown  the 
seed.  Who  the  first  British  traders  were  that  reached  Lake  Winni- 
peg by  way  of  Rainy  Lake  and  the  Lake  of  the  Woods  there  is  now 
no  certain  means  of  knowing.  In  a  letter  from  Benjamin  and  Joseph 
Frobisher  to  General  Haldimand  it  is  said  that  the  first  adventurer 
went  west  from  Michilimackinac  in  1765;  that  the  Indians  of  Lake 
La  Pluie  or  Rainy  Lake,  having  been  long  destitute  of  goods,  owing 
to  the  disorganization  of  French  trade  in  the  west  after  the  surren- 
der of  Canada,  stopped  this  adventurer  and  plundered  his  canoes, 
and  would  not  suffer  him  to  proceed  farther;  that  he  attempted 
again  the  year  following  and  met  with  the  same  bad  fortune;  that 
another  attempt  was  made  in  1767,  goods  being  left  at  Rainy  Lake 
to  be  traded  with  the  natives,  who  permitted  the  adventurer  to  pro- 
ceed with  the  remainder;  and  that  the  canoes  on  this  occasion  trav- 
ersed the  Lake  of  the  Woods  and  penetrated  beyond  Lake  Winni- 
peg— how  far  or  in  what  direction,  or  who  the  traders  were,  the 
Frobishers  do  not  say. 

It  appears,  from  the  narrative  of  Jonathan  Carver,''  that  he  met 
these  or  other  traders  at  Grand  Portage  in  the  summer  of  1767,  and 
that  they  had  already  proceeded  as  far  as  Fort  La  Reine,  on  the 
Assiniboine,  where  they  had  opened  up  a  trade  with  the  Assiniboine 
and  Cree.    From  other  sources  it  appears  that  a  trader  from  Montreal 

1  Burpee,  Search  for  the  Western  Sea,  p.  281. 

*  Travels  Through  the  Interior  Part  of  North  America,  1798,  p.  87. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  OOMMUBION.       123 

named  James  Finlay  reached  the  Saskatchewan  in  1767,  and  that  one 
Thomas  Curry  followed  him  in  1770.  Both  these  fur  traders  must, 
of  course,  have  followed  the  route  through  Rainy  Lake  and  the  Lake 
of  the  Woods,  but  it  is  evident  that  they  did  not  establish  any  trading 
posts  on  these  waters,  and  there  is  nothing  to  show  that  they  made 
any  use  of  Fort  St.  Pierre  or  Fort  St.  Charles,  which  very  probably 
may  have  fallen  into  decay  or  been  destroyed  by  the  Indians  in  the 
interval. 

In  June,  1775,  Alexander  Henry  reached  Grand  Portage  on  a  trad- 
ing expedition  to  the  west.  He  proceeded  by  way  of  the  Grand 
Portage  route  to  Rainy  Lake  and  the  Lake  of  the  Woods,  and  fnxn 
thence  descended  the  Winnipeg  River  to  Lake  Winnipeg  and  the 
Saskatchewan.    In  his  narrative  he  says : 

We  now  entered  Lake  a  la  Pluie,  which  Is  15  lenpues  long  by  5  broad.  Its 
l)ank.s  are  covered  with  maple  and  hirch.  Our  encampment  was  at  the  mouth 
of  the  lake,  where  there  Ls  a  fall  of  water  of  40  feet,  called  the  Chute  de  la 
fniaudlere.  The  carrying  place  is  200  yards  in  length.  On  tlie  next  evening  we 
encamped  at  Les  Fourches  (now  the  Bis  Forks)  on  the  River  a  la  Pluie.  where 
there  was  a  village  of  Chlppewas  of  50  lodges,  of  whom  I  bought  new  canoea. 
They  Insisted,  further,  upon  hnvinp  «o<k1s  given  to  them  on  credit,  as  wdl  as 
«in  receiving  some  presents.  The  latter  they  reganled  as  an  witaMfiJwiil 
tribute,  paid  to  them  on  account  of  the  ability  which  th«y  poaseand  to  pot  a 
stop  to  all  trade  with  the  interior.  I  gave  them  rum,  with  which  tbety  became 
drunk  and  troublesome.  ;ind  in  the  night  I  left,' 

Henry  describes  the  Lake  of  the  Woods  as  86  leagues  long. 

"  On  the  west  side,"  he  says,  ''  is  an  old  French  fort  or  trading 
house,  formerly  frequented  by  numerous  bands  of  Clupeways,  but 
these  have  since  been  almost  entirely  destroyed  by  the  NadowwBM 
(Sioux).  When  strong,  they  were  troublesome.  On  account  of  a 
particular  instance  of  pillage,  they  have  been  called  Pilleurs.** 

The  first  trading  establishment  of  the  North  West  Company  in  the 
Lake  of  the  Woods  district  was  that  known  as  Bainy  Lake  House,  or 
Fort  of  Lake  La  Pluie.  It  is  uncertain  when  this  post  was  built,  but 
in  the  Journal  of  John  McDonnell  *  of  1798  it  is  referred  to  as  follows : 

lu  sight  of  the  fort  of  Lake  Ui  Pluie  is  the  Kettle  Fall,  caualng  a  portafa. 
The  fort  stauds  on  the  tui)  of  a  HtiH>p  bank  of  the  river.    It  haa  two  wooden 

bastions  In  front  flunking  the  gate. 

David  Thompson,  who  visited  the  post  in  1797»  nyt*  it  ftood  half 
a  mile  below  the  Falls.  On  the  other  hand,  Alexander  Mackensie/ 
in  his  General  History  of  the  Fur  Trade  (1801),  described  it  as 
standing  2  miles  below  the  Falls,  '*  situated  on  a  high  bank  on  the 
north  ude  of  the  river,  in  48.87  north  latitude.     Here,*^  he  adda« 


•  TntrfU  mn!  .■■  fa  CitmtKL  •■«  Ik*  !■«■■  I^iUbiIm.  ».  US. 

•Burp«><«.   Kui     .  f  ii>«.  WMt. 

•roa<^,  New  I4gi>  .rljr  llUiory  of  tlM  OrMt«r  Nor«a  Wcat     I.  SO. 

•  Mnrkitualf.  Voynv.  Mantnml  Tbnmgh  tk*  OosUamt  of  North  AsMrtm.     itovk 

xclU. 


124       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

"the  people  from  Montreal  come  to  meet  those  who  arrive  from  the 
Athabasca  country  and  exchange  lading  with  them." 

In  1799  Peter  Grant  was  in  charge  of  the  post,  and  was  succeeded 
by  Dr.  John  McLoughlin,  in  later  years,  after  the  amalgamation  of 
the  North  West  and  Hudson's  Bay  Companies,  one  of  the  leaders  of 
the  fur  trade  on  the  Pacific  coast.  In  any  event,  Rainy  Lake  House 
must  have  been  built  some  time  before  1793  and  after  1775,  as  it  is 
not  mentioned  in  Alexander  Henry's  Travels  and  Adventures. 

The  Hudson's  Bay  Company  also  built  a  post  on  Rainy  River  about 
where  the  town  of  P'ort  Frances  stands  to-day. 

It  was  rebuilt  many  years  afterwards  and  named  Fort  Frances, 
after  the  wife  of  Sir  (leorge  Simpson,  governor  of  the  company.  In 
fact,  the  Hudson's  Bay  Company  must  have  had  more  than  one  trad- 
ing post  on  Rainy  River  before  1800,  for  in  his  journal  of  that  year 
Alexander  Henry  writes:^ 

We  cainix^d  Itelow  Muiiituu  Ilaplds  *  •  ♦.  At  daybreak  we  embarked  and 
passed  the  old  H,  B.  Co.  establislmietit,  vvhlcli  has  been  abandoned  for  several 
years.  Soon  after  we  came  down  the  lAmg  Sault.  At  12  o'clock  passed  Rapid 
Uiver,  at  2  o'clock  passed  another  old  H.  B.  Co.  establishment,  and  soon  after 
came  to  the  entrance  of  Lake  of  the  WimxIs. 

Jesuit  missionaries  accompanied  La  Verendrye  into  the  Lake  of  the 
Woods  country  and  did  what  they  could  to  Christianize  the  natives. 
Many  years  later  Protestant  missionaries  attempted  the  same  field, 
as  appears  from  the  following  entry  in  the  minutes  of  the  council 
of  the  Hudson's  Bay  Company,  held  at  Norway  House  in  1842 : 

That  a  conunissloned  fteiillemun's  nlhnvance  l)e  forwarded  from  York  Fac- 
tory to  each  of  the  following  Wesleyan  missionaries:  ♦  ♦  ♦  Mr.  Mason,  Lac 
l4i  Plule. 

The  first  attempt  by  an  American  company  to  enter  the  fur  trade  of 
the  then  northwestern  frontier  was  made  by  the  old  South  West  Com- 
pany, to  which,  in  the  name  of  Toussaint  Pothier,  in  the  winter  of 
1811  or  spring  of  1812,  a  patent  was  issued  for  property  for  a  trading 
post  at  the  strait  of  Mackinac.  The  patent  itself  was  captured  by  a 
British  party  during  the  war  of  1812,  and  nothing  further  was  ap- 
parently done  to  enter  the  fur  trade  in  this  region  until  after  the  war. 

Michilimackinac.  or  Mackinac  as  it  was  afterwards  called,  was 
a  point  of  strategic  importance  from  a  commercial  point  of  view, 
and  through  this  post  passed  the  trade  from  the  district  of  Fond 
du  Lac.  so  called  from  a  post  of  that  name  at  the  place  where  the 
city  of  Duluth  stands  to-day.  The  district  of  Fond  du  Lac  first  con- 
sisted of  the  upper  Mississippi  posts  at  Leech  Lake,  Pokegame  Lake, 
and  Sandy  Lake,  together  with  the  Red  Lake  post.  Later  the  con- 
fines of  the  district  were  extended  northward  to  the  boundary,  to 

1  New  Light  on  the  Early  History  of  the  Greater  Northwest.     I,  p.  21. 


Plats  at. 


FORT  rRANCKS  IN  1867. 


Plats  25. 


THE   FALLS  AT  FORT  FRANCEf*. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      125 

take  in  the  entire  United  States  portion  of  the  Lake  of  the  Woods 
watershed.^ 

The  proixjrty  and  stock  of  the  old  South  West  Company  was  held 
principally  by  John  Jacob  Astor,  of  New  York,  and  McTavish  and 
Company,  of  Montreal.  In  1815-lG  Congress,  in  hope  of  excluding 
foreign  competition  in  the  frontier  region,  enacted  a  law  prohibiting 
any  one  not  a  citizen  from  engaging  in  the  Indian  trade.  Soon  after 
Astor  bought  out  the  McTavish  interest  and  formed  the  American 
Fur  Company.  The  property  was  taken  over  in  April.  1917.  at  Mon- 
treal, by  Ramsay  Crooks  in  behalf  of  Astor.  Shortly  after  this  the 
American  Fur  Company  purchased  from  the  North  West  Company 
the  posts  at  the  headwaters  of  the  Mississippi,  which  this  company 
had  maintained  here  for  a  number  of  years.  This  purchase  was  the 
first  step  made  by  an  American  company  in  entering  the  fur  trade  on 
waters  flowing  into  the  Lake  of  the  Woods.  On  June  20, 1817,  Crooks 
writes  to  William  Morrison,  from  St.  Marys  Falls  on  Lake  Superior: 

I  came  to  this  place  yesterday  in  the  liope  of  possihle  meeting  with  and 
iianding  you  In  person  the  Inclosed  letter  from  Mr.  RocheI)lave.  hy  which  you 
will  perceive  the  Northwest  Oimpany  have  sold  to  Mr.  John  Jacob  Astor.  of  New 
York,  all  the  Interest  they  hold  In  the  department  of  Fond  du  Ijic  now  in 
your   charge.     •     •     * 

With  the  property  of  the  North  West  Company,  the  American  Pwr 
Company  became  heir  to  the  former  company's  ruthless  competition 
with  the  Hudson's  Bay  Company.  The  law  previously  paased  by 
Congress  was  designed  to  prohibit  the  engagement  in  American  trade 
of  agents  of  either  of  the  Canadian  companies.  It  was  provide<l  that 
each  trader  must  l>e  a  citizen  of  the  United  States  and  must  procure  a 
bonded  license  from  the  agent  of  Indian  affairs. 

Referring  to  the  early  difficulties  with  the  Hudson's  Bay  Company. 
then  controlled  by  I.iord  Selkirk,  Crooks  writes  from  Mackinac  to 
Astor  on  June  28,  1817:    •     ♦     • 

*  *  *  And  by  Indirect  advice  fffim  Fniid  du  T<ar  our  aflTaim  In  that  qoartrr 
lire  likely  to  !>«•  ni(m>  advantnireouM  than  we  r>«iuld  hav«  expected  ft^m  tba  atate 
of  thiit  department  at  the  iH^glnnlng  of  luMt  wlntt»r,  and  Uie  larga  ■lorlaa  dr- 
culaied  by  the  N.  W.  (To.  of  the  amoant  of  imiportjr  hHmiI  by  tiOfil  MklrkVi 
t'liiisHiirie.s,  who  It  now  appears,  reatOTad  all  they  had  taken — the  raal  alata  of 
the  itusliieMs.  however,  ran  not  be  known  till  the  arrival  of  Mr.  Moniaon. 
which  I  look  for  In  10  or  IB  days. 


>  Tlii>M  notM  on  th<>  AnrrtcAn  far  tnitfi>  ar*  bsMd  prlMrlfwIly  apea  taf 
talnisl  In  tho  old  lottor  booki  of  thr  Am«>rlr«a  rutC«mp*my,  ISf  to  ma.  pkiHaUt  i 
of  which   iirp  In   the   p<>iiM>Mlan   of   thr   Wla<<oOi4B   lltirtortr*!   Morlvty.     Tkv  MMM 
rrpr.xin.  M  ••-  rv--,.,  throuBh  tho  coartMjr  of  taUi  Mdrty.  forwmrikKl  to  Iho 
l(i"t<>ri  c.r  St.  rMui  for  flwwwo.    Tho  oM  inirr*  .»n»i»i  aatoly  •(  rarvt* 

"P<>n<i<-«  "i.nv  irookD.  ut«r  pnaMMit  of  tb*  Anvricoa  Fur  Coa^aay.  to  Joha 

Jacoh  Aatur  m,  who  woro  Mnployod  by  or  who  (waMwi  m^  !•  t**** 

rompimjr.  ki>.i  siuart.  ocvat  of  tho  AlMrtcaa  9*t  Oaaw«ay  •*   Mk-Utl- 

nacktnac. 


126       FINAL  BEPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

And  again  on  July  21,  1817: 

All  the  people  of  Lake  Superior  have  come  out  and,  with  a  few  exceptions, 
from  almost  every  quarter.    In  the  aggregate  the  returns  are  bad. 

Selkirk's  emissary,  in  addition  to  the  destruction  of  our  adventure  to  Red 
liHke,  did  us  a  most  serious  injury  in  sending  Messrs.  Morrison  and  Roussain 
prisoners  to  Fort  William  last  fall  ♦  *  ♦  (afterwards  returned  to  their 
posts).  Selkirk  sent  Into  that  quarter  last  fall  at  different  times  not  less  than 
12  canoes  and  60  men  ♦  ♦  ♦  and,  without  scruple,  Introduced  the  goods 
which  opposed  us  in  the  whole  department  of  Fond  du  Lac,  never  finding  it 
convenient  to  consult  tbe  collector  of  the  customs  or  the  agent  of  Indian 
iiffairs.    •    •    ♦ 

We  have,  however,  had  the  good  fortune  to  thwart  most  completely  his  un- 
generous designs.    •    *    • 

Settlemept  with  Lord  Selkirk  for  the  seizure  of  certain  property 
and  employees  was  later  made,  and  the  Hudson's  Bay  Company  with- 
drew its  operations  to  the  boundary.  The  American  Fur  Company 
did  not  consider  extending  its  posts  to  the  boundary  frontier  until 
1821,  and  these  posts  were  not  established  until  the  following  year. 
On  September  1, 1821,  Crooks  writes  to  Mr.  William  W.  Matthews,  of 
Montreal : 

I  should  like  to  get  a  couple  of  good  traders  for  the  Rainy  I^ake  department, 
and  wish  you  would  be  on  the  lookout ;  should  good  people  for  that  quarter 
he  found,  it  must  be  known  early,  as  we  would  order  goods  accordingly,  and 
these  people  might  in  Montreal  wait  the  arrival  of  the  English  gowls. 

On  November  24,  1821,  this  company  entered  into  a  four-year 
contract  with  William  Morrison  for  a  salary  of  $1,400  per  annum 
to  oversee  their  trade  in  the  entire  region  of  northern  Minnesota. 
The  contract,  written  by  Crooks,  is,  in  part,  as  follows: 

*  ♦  ♦  And  in  addition  that  you  will  regulate  and  conduct  the  trade  of  all 
such  Posts  or  Places  as  may  be  established  by  tlie  American  Fur  Company  in 
the  Country  North  of  the  Fond  du  Lac  Department,  say  In  that  region  extend- 
ing from  the  old  Grand  Portage  on  Lake  Superior  to  the  Lake  of  the  Woods,  or 
further  If  required  within  the  limits  of  the  United  States    ♦    •    ♦ 

About  this  time  the  British  Government  had  taken  measures  to 
regulate  the  fur  trade  in  their  dominions,  very  similar  to  those 
already  taken  by  Congress.  On  November  31,  1821,  Crooks  writes 
to  Astor  relative  to  this  new  legislation  and  to  their  own  extension 
into  the  Northwest: 

♦  *  ♦  Since  the  British  Government  has  legislated  us  out  of  Canada  we 
shall  next  year  occupy  three  posts  within  our  Hues  from  the  vicinity  of  Rainy 
Lake  to  the  Lake  of  the  Woods.  These  are  the  remotest  posts  we  can  have 
on  the  north,  and  although  we  shall  come  in  contact  with  the  Hudson  Bay  folks 
along  the  boundary,  the  best  hunting  grounds  are  on  the  American  side.     *     *     * 

Further,  in  regard  to  the  supplies  for  the  new  territory.  Crooks 
writes  to  Robert  Stuart,  the  agent  at  Mackinac,  on  December  5,  1821 : 

Morrison  will  next  year  establish  the  Rainy  Lake  country  and  carry  our  trade 
as  near  as  practicable  to  the  boundary  line.  To  do  this  effectually  he  is  to  get 
a  Mr.  McGillis,  and  he  will  make  the  necessary  arrangements. 


PINAL  KEPOBT  OF  THE  INTEKNATIONAL  JOINT  COMMISSION.      127 

And  on  April  8, 1822,  Crooks  again  writes  Stuart : 

You  are  already  aware  that  Morrison  will  establish  some  new  posts  along  our 
northwestern  border.  The  old  Grand  Portage  Is  allowed  to  be  within  oar  line, 
and  there  the  N.  W.  have  always  had  a  good  little  post,  since  they  retired  to 
Fort  William.  An  outfit  from  the  Fond  du  Lac  department  should  be  sent  to 
that  place  under  some  active  man ;  and  In  order  to  keep  our  opponents  on  their 
own  side  of  the  boundary,  our  clerks  or  traders  are  to  be  made  costomliOQW 
oflScers,  and  as  an  additional  security  agaiust  the  interfering  with  onr  Indiana, 
the  new  station  should  be  located  as  far  from  the  boundary  line  as  may  be  po«- 
sible,  having  a  due  regard  to  the  Interest  of  the  trade;  and  this  will  ISMsn  tb0 
temptation  which  the  rum  of  our  adversaries  would  always  be  sure  to  creat* 
were  our  houses  so  near  to  theirs. 

The  liquor  problem  mentioned  in  the  last  letter  proved  to  be  a 
fitumbling-block  in  the  way  of  the  whole  undertaking  of  the  Ameri- 
can Fur  Company  in  the  Lake  of  the  Woods  region.  The  American 
traders  were  allowed  to  take  no  liquor  whatever  to  the  Indian  coun- 
try, while  the  Hudson's  Bay  Company  with  liquor  were  enabled  to 
draw  the  Indians  to  the  boundary  and  buy  up  their  excess  provisioog, 
which  resulted  in  literal  starvation  for  the  American  posts  along  the 
lioundary.  In  July,  1822,  Stuart  requests  from  George  Boyd,  the 
agent  for  Indian  affairs  at  Mackinac,  the  right  to  import  liquor  into 
the  Indian  country  for  the  particular  use  of  the  boundary  trade  in  the 
Lake  of  the  Woods  territory. 

During  the  early  part  of  1823  the  American  Fur  Company  and  the 
Stone  Bostwick  Company  combined,  still  keeping  tlie  old  name.  In 
writing  to  Mr.  Stone  relative  to  the  state  of  their  trade  in  the  North- 
west, Mr.  Stuart  brings  up  again  the  liquor  question.    He  nyt: 

But  as  at  each  post  (say  three  in  number)  we  cone  In  luHnedllef  coatact  wftb 
the  IludKon  Bay  Company  wu  Und  it  will  be  ImpoMlble  to  OppoBt  ttlMl  MNOM^ 
fully  without  having  some  liquor— last  year  oar  people  were  einosc  eterved  «■! 
and  had  to  carry  provisions  froui  the  Interior  poets,  at  least  800  mUeik  oa  <lac 
trains — &  all  this  In  consoquenco  of  the  U.  B.  Ok  parcheslnf  wtth  whlaiB^r 
what  provisions  the  Indians  could  Hpare;  as  there  la  no  renedy  at  press  at  lor 
the  evil  ( for  the  British  Co.  vouiu  over  to  the  line  A  drew  ofvw  the  Indlaee). 
I  am  coiiildent  Oov.  Cnas  will  iit  once  relieve  ns,  by  giving  psmlwion  lo  cany 
in  say  20  barrels  whlMkcy ;  A  you  may  give  him  any  pledge  he  maj  raqoire  tiet 
a  single  drop  of  It  shall  not  be  used  elsewhere:  both  OoL  Boyd  and  Mr.  teheel* 
craft  would  I  am  aatlsfled  aee  the  propriety  of  this.  4  be  inclined  to  gnint  our 
request,  but  they  might  be  averee  to  taking  the  rseponslbUlty    •    •    • 

The  agent  for  Indian  affairs.  Major  George  Boyd,  in  Julj,  18B4, 
granted  a  permit  to  Wm.  A.  .\itkin  to  take  two  barrels  of  Uquor  iato 
the  Indian  country  for  use  in  the  extreme  northwestern  ttoatitr. 
The  permit  was  never  renewed. 

Of  tlio  three  poets  of  the  American  Fur  Company,  that  at  the 
mouth  of  Kainy  l4ike  is  the  only  one  definitely  located,  although  as 
elsewhere  stated  there  seems  to  have  been  one  at  the  mouth  of  War- 
road  River.  Tlie  Indians  have  a  tradition  that  on  the  Namakan 
Biver,  which  was  at  that  time  regarded  as  the  boundary  Uns^  ths 

ioeoe»-i7 — 9 


128       FINAL  REPOET  OP  THE  INTEBNATIONAL  JOINT  COMMISSION. 

American  Fur  Company  maintained  a  small  post  on  one  side  and 
the  Hudson's  Bay  Company  a  post  on  the  other. 

When  the  matter  of  adjustment  of  affairs  previous  to  consolidation 
with  the  Stone  Bostwick  Company  in  1823  came  up,  it  was  conceded 
that  the  three  northern  posts,  under  conditions  existing  at  that  time, 
had  little  value.  In  fact  the  American  traders  began  more  and  more 
to  look  to  the  south  and  west  and  to  the  Pacific  region.  In  regard  to 
the  extensions  in  that  direction.  Crooks  writes  to  Stuart  on  April 
8,  1822: 

•  •  •  For  the  South  and  West  will  eventually  be  our  chief  dependence 
and  we  had  better  prosecute  that  trade  with  vigor,  before  the  door  Is  closed 
against  us  by  the  enterprise  and  permanent  arrangements  now  about  to  be  ma- 
tured by  other  adventurers. 

The  date  of  abandonment  of  these  American  posts  in  the  Lake  of 
the  Woods  region  is  not  known  with  certainty.  In  the  minutes  of  the 
council  of  the  Hudson's  Bay  Company,  held  at  the  Red  River  settle- 
ment in  June,  1833,  the  following  appears : 

That  the  sum  of  Three  Hundred  Pounds  Stg.  be  paid  by  draft  on  the  Gover- 
nor and  Committee  to  Wm.  A.  Aitlcin,  Esqre. ;  the  American  Fur  Company 
having  withdrawn  during  tlie  past  Outlit  from  the  frontier  of  the  Lalce  Superior, 
I^c  la  Plule,  Winnipeg  and  Red  River  Districts,  conformably  to  the  terms  of 
an  engagement  entered  between  Governor  Simpson  and  Mr.  Altken,  as  per  cor- 
respondence dated  Reil  River,  21st  Mai^ch  1833,  the  said  amount  to  be  charged 
to  the  Lac  la  Plule  District,  Ot.,  1834. 

The  same  entry  is  repeated  in  the  annual  minutes  of  the  council 
up  to  the  year  1842.  In  the  minutes  of  1839  the  name  of  Ramsay 
Crooks  replaces  that  of  Wm.  A.  Aitkin ;  and  the  minutes  of  1840  add 
the  following  to  the  usual  vote  of  £300 : 

Information  having  been  received  tlirough  Mr.  Keith  from  Ramsay  Crooks, 
Esq.,  president  of  the  American  Fur  Company,  Intimating  the  probability  of  Mr. 
W.  A.  Aitkin,  establishing  a  trading  post  on  the  borders  of  Lac  la  Pluie  district, 
near  Vermilion  Lake,  with  a  view  of  carrying  on  a  trade  with  the  natives  of 
that  quarter,  and  Mr.  Crooks,  having  requested  permission  to  oppose  Mr. 
Aitkin  In  order  to  restrain  his  encroachments  upon  the  trade  of  Lac  la  Piuie 
district,  it  Is  resolved,  tlmt  Mr.  Crooks  be  requested  to  oppose  him  accordingly ; 
that  Chief  Factor  McDonnell  be  instructed  to  make  the  necessary  arrange- 
ments for  meeting  the  expected  opposition  with  vigor;  and  that  any  addi- 
tional supplies  In  men  and  goods  required  for  that  purpose  be  furnished  him 
from  Red  River  by  C.  F.  Finlayson.* 

Keating,  in  his  Narrative,'  mentions  a  post  of  the  American  Fur 
Company  on  the  south  side  of  Rainy  River,  at  or  near  the  site  of  the 
present  town  of  International  Falls.  He  learned  from  the  agent  that 
the  American  Fur  Company  carried  on  a  trade  between  Rainy  Lake 
and  Fond  du  Lac,  by  way  of  the  Grand  Fork,  Little  Lake  Winni- 
peek,  the  Mississippi,  Sandy  Lake,  Savannah  River,  and  the  river 

*  Oliver,  The  Canadian  North- West,  pp.  716,  732,  765,  781,  805,  822,  858. 
■  Keating.  Narrative  of  an  Expedition  to  the  Source  of  St.  Peters  Biver. 


PINAL  BEPOET  OF  THE  INTEBNATIONAL  JOINT  COMMISSION.      129 

St.  Louis.  Incidentally,  it  may  be  noted  that  in  1819  Lord  Selkirk 
proposed  to  the  American  Fur  Company  that  they  should  establish  a 
trading  post  ^' north  and  east  of  Lake  La  Pluie  and  the  Lake  of  the 
Woods." 

Dr.  Bigsby,  who  made  a  tour  of  the  Lake  of  the  Woods  and  Rainy 
River  in  1823,  as  secretary  to  the  Boundary  Commission  under 
Articles  VI  and  VII  of  the  treaty  of  Ghent,  makes  a  passing  refer- 
ence to  the  establishment  of  the  American  Fur  Company,  which  inci- 
dentally throws  a  certain  light  on  the  rivalries  of  the  fur  traders. 
He  says: 

Walking  out  the  morning  after  our  arrival  (at  Fort  Frances)  with  Mr.  W. 
McGlUivray,  the  lieutenant  governor,  I  saw  on  the  opposite  side  of  the  river 
some  buildings,  and  a  tall,  shabby-looking  man  angling  near  the  falls.  I  asked 
my  companion  what  all  that  meant.  He  replied,  "  The  two  or  three  houaes  you 
see  form  a  fur-trading  post  of  John  Jacob  Astor.  the  great  merchant  of  New 
York.  The  man  Is  one  of  his  agents.  He  Is  fishing  for  a  dinner.  If  he 
catch  nothing,  he  will  not  dine.  He  and  his  party  are  contending  with  na  for 
the  Indian  trade.    We  are  starving  them  out,  and  have  nearly  succeeded.** 

Bigsby  adds  this  dry  comment : 

The  expedients  for  preventing  a  rival  from  entering  a  rich  fur  coontiy  are 
gonietinies  decisive.  Every  animal  Is  advisedly  exterminated  and  tbe  dtetrleC 
la  ruined  for  years.' 

The  establishment  of  the  North  West  Company  on  Rainy  River  was 
the  scene  of  one  of  the  minor  conflicts  between  the  company  and  Lord 
Selkirk,  growing  out  of  the  rivalries  between  the  Hudson's  Bay  Com- 
pany and  the  North  West  Company,  and  the  establishment  of  Selkirk^ 
settlement  on  the  Red  River. 

In  1810  Selkirk  sent  one  of  his  agents  named  Fiddler  with  an 
armed  party  to  seize  Rainy  Lake  Fort.  Deaae,  who  was  in  ehsrgt 
of  the  post  for  the  North  West  Company,  managed  to  beat  off  the 
attack.  Fiddler  returned  to  Selkirk  at  Fort  William,  and  the  latter 
then  sent  d'Orsonnens,  an  ofiicer  of  the  disbanded  Swiss  regiment,  a 
portion  of  which  ho  had  brought  west  with  him  from  Montreal,  with 
u  strong  force  of  men  and  two  ficldpicccs  to  capture  the  post,  which 
they  hnd  no  difliculty  in  doing.  In  the  winter  of  tlie  following  jsar 
Lord  Selkirk's  band  of  Do  Meurons,  in  order  to  outflank  the  man  of 
Iho  North  West  Company,  crossed  over  to  the  Red  River  from  the 
Lake  of  the  Woods,  probably  from  some  point  on  Buffalo  Bay,  and 
reached  Pembina.  They  came  down  Red  River,  surprised  tho  Nor*- 
wefiters,  and  captured  their  post  Fort  Douglas. 

It  does  not  appear  that  the  North  West  Compai^  established  anj 
trading  posts  on  tho  Lako  of  the  Woods.  The  first  posts  built  oo  the 
Inke  subsequent  to  tho  establishment  of  Fort  St  Charlea  ware  thoss  of 
the  Hudson^  Bay  Company  at  Rat  Portage,  known  at  ooa  time  as  Rat 

*TIM  Sk«*  aad  Cmn—,  Vot  IL  ITS. 


130      FINAL  EEPOBT  07  THE  INTEBNATIONAL  JOINT  COMMISSION. 

Portage  House,  and  of  the  American  Fur  Company  at  the  mouth  of 
Warroad  River.  When  Rat  Portage  House  was  first  established  it  is 
impossible  to  say  with  our  present  information.  There  may  have 
been  a  temporary  post  there  as  early  as  1823,  but  if  so  it  is  curious 
that  neither  Mr.  Keating  nor  Dr.  Bigsby  makes  any  reference  to  it. 
Paul  Kane,  however,  mentions  it  in  1845  and  in  1846. 

"  We  next  made  the  Rat  Portage,"  he  says,  "  at  the  foot  of  which 
ia  the  fort,  a  small  establishment  where  they  were  so  badly  supplied 
with  provisions  as  to  be  able  to  afford  us  only  two  whitefish." 

On  his  return  journey  he  says,  "  arrived  at  Rat  Portage  where  we 
were  received  by  Mr.  McKenzie  with  the  greatest  hospitality  and 
kindness."  * 

Captain  Palliser  says  in  1857 : 

On  the  left  bank  of  the  river,  opposite  to  where  the  portage  path  terminates, 
there  Is  a  small  temporary  trading  post  of  the  Hudson's  Bay  Company.* 

Henry  Youle  Hind,  writing  the  same  year,  describes  the  fort 
as,  *  *  *  "  beautifully  situated  on  an  island  at  one  outlet  of  the 
Lake  of  the  Woods.  It  is  surrounded  with  hills  about  200  feet  high, 
and  near  it  some  tall  white  and  red  pine,  the  remains  of  an  ancient 
forest,  are  standing  amidst  a  vigorous  second  growth." » 

Dr.  Robert  Bell,  for  many  years  an  officer  of  the  Geological  Survey 
of  Canada,  writes:* 

I  was  at  Rat  Portage  In  1872.  The  H.  B.  Co.'s  post  was  all  that  there  was 
of  It  then.  It  consisted  of  two  one-story  log  shanties,  a  sales  shop,  and  a 
dwelling.  They  stood  on  the  west  side  of  what  afterwards  became  the  first 
and  main  street  of  Rat  Portage.  The  shanties  were  at  the  same  spot  till  1882, 
when  they  were  burned,  and  the  company  moved  across  the  street  and  a  little 
farther  south.  By  1881  they  had  been  replaced  by  clapboarded  buildings,  or 
the  log  ones  had  been  clapboarded  and  built  higher.  •  •  •  My  visit  in  1872 
was  made  when  I  came  up  the  Winnipeg  River  and  passed  Into  the  Northwest 
Angle.  The  place  was  then  a  little  outpost  of  the  company  with  a  small  stock 
of  goods  for  the  Indian  trade.  The  only  clearing  was  the  little  place  between 
the  canoe-landing  and  the  shanties.  All  around  was  unbroken  forest.  In  1826 
there  might  have  been  a  post  at  the  western  outlet,  but  I  have  never  heard  so. 

Alexander  Matheson,  at  one  time  a  factor  in  the  service  of  the 
Hudson's  Bay  Company,  says  that  "  the  old  post  was  situated  on  an 
island  a  short  distance  below  the  falls  at  the  eastern  outlet  of  Lake  of 
the  Woods,  and  relics  in  the  shape  of  parts  of  clay  chimneys,  etc., 
were  to  be  seen  there  a  few  years  ago.  The  Portage  du  Rat  proper  is 
west  of  the  Western  Outlet,  at  the  place  where  Dick  Banning  and 
Company's  sawmill  is.  The  site  of  the  old  post  is  now  known  as 
Millers  Island,  and  is  nearly  opposite  the  Rat  Portage  electric  works." 


» Kane,  Wanderings  of  an  Artist,  p.  447. 

'Palliser,  Journals,  Beports,  and  Observations  Relative  to  tbe  Exploration  of  British 
North  America,  p.  S4. 

•  Hind,  Narrative  of  the  Red  River  Expedition,  p.  107. 

*  Ontario  Bureau  or  Mines  Report,  1895,  pp.  169-170. 


Plats  Mw 


«,  RAT   POKTAOB   IN   1857. 


*.  KBTTLi:   FAI.I^.  l»K. 


FINAL  EEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      181 

This  identification  of  the  old  post  is  confirmed  by  R.  J.  K.  Pither,  for 
some  years  an  employee  of  the  Hudson's  Bay  Company,  later  an  agent 
of  the  Indian  Department  of  Canada,  and  now  living  in  his  extreme 
old  age  at  Kenora. 

Mr.  Archibald  Blue,  from  whose  valuable  narrative  of  his  Tour 
of  Inspection  Through  Northwestern  Ontario  (Ontario  Bureau  of 
Mines  Eeport,  1895),  the  above  is  taken,  has  this  to  say  in  regard  to 
the  three  outlets  of  the  Lake  of  the  Woods: 

There  are  three  outlets  from  the  lake  which  unite  below  to  form  the  Winni- 
peg River — one  near  the  west  side,  a  small  stream,  now  called  Keewatin  Chao- 
nel,  where  Keewatin  village  stands;  one  near  the  east  side  of  the  lake,  doM 
to  the  mo<lern  town  of  flat  Portage,  called  the  east  branch  of  the  river,  on 
which  Is  the  beautiful  Hebes  Falls;  and  the  third  and  largest  in  the  middle, 
called  the  west  branch,  on  which  is  the  Witch's  Cauldron,  and  the  great  dam 
recently  completed  by  the  Keewatin  Power  Company.  The  village  ct  Nonaan, 
built  on  the  island  l)etween  the  middle  and  western  outlets,  is  now  part  of  Rat 
Portage  town,  having  been  incorporated  with  it  in  1802,  but  Keewatin  has 
maintained  an  independent  existence.  On  the  old  maps  Portage  du  lUt  is 
shown  to  be  near  the  western  channel.  Upon  the  left  bank  of  the  middle  cbao- 
Del  there  Is  to  be  seen  an  old  trail,  now  grown  up  with  bushes;  but  ttm 
portage  at  present  In  use  by  the  Indians  Is  on  the  right  bank  of  tba  aastern 
channeL 

Very  little  is  known  of  the  establishment  of  the  American  For 
Company  at  the  mouth  of  Warroad  Kiver.  Henry  R.  Schoolcraft, 
who  was  Indian  agent  for  the  United  States  Qovemment  at  Sault 
Ste.  Marie  for  several  years,  has  the  following  in  a  report  on  tradinf 
posts  in  his  agency,  dated  August  9, 1824 : 

Pursuant  to  Instructions,  I  have  determined  on  the  tollowtnt  places  wbsre 
trade  may  be  carried  on  with  the  dlffprent  baoda  of  Indians  within  the  ttastts 
of  this  afsncy    *    •    •    1&  At  Ualny  Lake.    IS.  At  War  Uoed    •    •    • 

It  appears  from  the  schedule  to  the  deed  of  lorrender  from  the 
Hudson's  Bay  Company  to  the  Crown  in  1809|  when  Canada 
jurisdiction  over  what  was  known  as  Ruperts  Land,  that  tiM 
pany  at  that  time  had  the  following  trading  posts  in  the  Lak*  La 
Pluie  district,  extending  from  the  mouth  of  Winnipcf  Bi?tr  lo 
Rainy  Lake:  Fort  Alexander,  Knglish  River,  Eaglet  Nasi,  Lm  d« 
Bonnet,  Rat  Portage,  Whitefish  Lake,  Trout  Lake,  Lake  of  tbe 
Woods,  Shoal  Lake,  Dig  Island,  aeerwtter  Leke,  QuOj  Point, 
Hungry  Hall,  and  Fort  Franoee. 

By  the  deed  of  surrender  certain  small  areas  of  land  around  these 
posts  were  reserved  to  the  company.  In  1879,  at  the  reqiieet  of  tbe 
company,  an  order  in  council  was  pased  by  the  DominioD  Goren- 
ment  allowing  the  company  to  select  additional  areas  at  Rat  Portage 
and  Fort  Frances.  For  some  reason  the  patent  did  not  issue  at  the 
time,  and  it  waa  not  until  1888  that  the  goTemment  of  Ontario, 
which  in  the  interval  had  obtained  juriadidioo  over  these  lands  ae 


182  FINAL  REPOBT  OF  THE  INTEENATIONAL  JOINT  COMMISSION. 

part  of  the  territory  of  the  Province,  issued  a  patent  for  the  reserve 
at  Rat  Portage  to  the  company. 

In  1875  the  Dominion  Government  leased  a  number  of  islands  in 
the  Lake  of  the  Woods  to  certain  lumber  interests  in  Winnipeg  for 
a  period  of  21  years.    The  lease  reads : 

All  the  Islands  In  the  Lake  of  the  Woods  lying  north  of  the  steamboat  channel 
leading  into  the  Northwest  Angle  of  said  lake,  Including  the  Islands  in  White 
Fish  Bay,  together  with  18  square  miles  on  the  main  shore. 

In  1891  it  was  found  desirable  to  resume  possession  of  these 
islands,  and,  in  view  of  the  surrender  of  their  lease,  the  lessees  were 
granted  Tunnel  Island  and  the  water  power  at  the  western  outlet  of 
the  Lake  of  the  Woods.  The  later  history  of  this  water  power  will 
be  dealt  with  in  another  chapter. 

Anyone  unfamiliar  with  the  history  of  the  Lake  of  the  Woods 
region  might  get  the  impression  from  a  reading  of  this  as  well  as  the 
succeeding  chapters  that  a  disproportionate  amount  of  space  has  been 
given  to  the  part  Canadians  had  taken  in  the  exploration  of  the 
region;  but,  as  a  matter  of  fact,  the  explorers,  fur  traders,  mission- 
aries, and  travelers  who  traversed  these  waters  were  in  nearly  every 
case  Canadian.  The  icgion  was  discovered  by  Canadians  during*the 
old  French  regime,  and  there  were  obvious  reasons  why  in  later 
years  men  of  the  same  nation  should  follow.  The  water  routes  from 
Lake  Superior  to  the  west  furnished  the  only  practicable  thorough- 
fares between  what  was  then  Canada  and  the  great  western  plains. 
On  the  other  hand,  the  Lake  of  the  Woods  region  lay  well  outside  the 
recognized  routes  from  the  Eastern  States  to  the  trans-Mississippi 
regions.  Consequently  until  comparatively  recent  times — in  fact, 
until  the  beginning  of  the  period  of  settlement — few  Americans  pene- 
trated to  this  remote  corner  of  the  United  States. 


Plate  27. 


NORTHWEST  ANGLE  SURVEY 


m.— BOTTNDAEY  QTTESTIONS. 

The  first  appearance  of  the  Lake  of  the  Woods  in  diplomatic  his- 
tory is  in  the  preliminary  treaty  of  1782,  signed  at  Paris  on  Novem- 
ber 30  of  that  year  by  Richard  Oswald,  on  the  part  of  Great  Britain, 
and  by  John  Adams,  Benjamin  Franklin,  John  Jay,  and  Henry 
Laurens  on  behalf  of  the  United  States.  Article  II  relates  to  the 
boundaries  between  the  United  States  and  British  North  America, 
and  describes  the  western  portion  of  the  boundary  as  follows: 

Thence  through  Lake  Superior,  northwest  of  the  Isles  Royal  and  Phellpeaax. 
to  the  Long  Lnke  and  the  water '  communication  between  it  and  the  Lake  of 
the  Woods,  to  the  said  Lake  of  the  Woods ;  thence  through  the  said  lake  to  the 
most  northwestern  point  thereof,  and  from  thence,  on  a  due  west  oourss^  to  the 
River  Mississippi. 

The  definitive  treaty  of  peace,  commonly  known  as  the  treaty  of 
Paris,  was  signed  at  Paris,  September  3,  1783,  by  John  Adams,  Ben- 
jamin Franklin,  and  John  Jay,  on  the  part  of  the  United  States,  and 
by  David  Hartley,  on  the  part  of  Great  Britain.  Article  II  of  this 
treaty  is  identical  with  Article  II  of  the  preliminary  treaty. 

The  negotiators  of  the  treaty  relied  for  geo^aphical  informatioo 
upon  Mitchcirs  map  of  North  America,  1755.  This  was  Uie  ktfll 
inaccurate  printed  map  available  at  the  time,  although  that  was  not 
saying  much.  A  great  deal  of  the  country  dealt  with  in  the  treaty 
was  unexplored,  and  it  was  subsequently  found  that  Mitcbeiri  mapi 
particularly  so  far  as  the  West  was  concerned,  was  Teiy  far  from 
accurate.  It  is  now  known  that  much  more  reliable  manoaeript  rnapt 
existed  in  1782,  but  these  were  unknown  to  the  negotiators,  or  st  any 
rate  were  not  used.  It  was  not,  however,  until  1797  that  tlM  fbel 
was  absolutely  established  that  the  boundary  proposed  by  ths  trsaty 
of  peace  from  the  northwestern  point  of  the  Lake  of  ths  Woods 
'*  on  a  due  west  course  to  the  River  Mississippi  **  was  a  fBogrsphical 
impossibility. 

In  a  manuscript  document  signed  by  David  Thompson,  for  many 
years  astronomer  of  the  North  West  Company  and  aflsrwardi 
astronomer  and  surveyor  for  Great  Britain  under  ths  rfltk  nd 
seventh  articles  of  the  treaty  of  Ghent,  he  ssys: 

At  the  Uine  of  tho  treaty,  1788.  the  northwest  point  of  tbe  Lsks  e(  tbs  Weodi 
was  snppoesd  to  lie  in  obout  00*  of  north  latltiMle  aod  tbe  bead  of  lbs  Mls> 
Btarippl  ionewhat  farther  north.  •  •  •  In  tbe  iprlnf  e(  livr,  I  was  ss 
tbe  headwaters  of  the  Ulsslaelppl.  nnd  bj  astronomical  obssrratkws  dstanataed 
Its  head  to  be  In  the  latitude  and  lonttitudo  Inid  do«m  In  the  nap^  makligt  e 
difference  of  S*  and  SO*  more  sooth  than  the  northwest  point  of  the  'rf*^ 
of  Uie  Woods. 


134      FINAL  REPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

In  November,  1794,  the  treaty  known  as  the  Jay  treaty  was  con- 
cluded.   Article  IV  reads  as  follows : 

Whereas  It  Is  uncertain  whether  the  River  Mississippi  extends  so  far  to 
the  northward  as  to  be  intersected  by  a  line  to  be  drawn  due  west  from  the 
Lake  of  the  Woods  In  the  manner  mentioned  in  the  treaty  of  peace  between 
His  Majesty  and  the  United  States,  it  is  agreed  that  measures  shall  be  taken 
In  concert  between  His  Majesty's  Government  in  America  and  the  Government 
of  the  United  States  for  making  a  Joint  survey  of  the  said  river  from  1"  of 
latitude  below  the  falls  of  St.  Anthony  to  the  principal  source  or  sources  of 
the  said  river,  and  also  of  the  parts  adjacent  thereto;  and  that  if  on  the 
result  of  such  survey  it  should  appear  that  the  said  river  would  not  be 
Intersected  by  such  a  line  as  is  above  mentioned  the  two  parties  will  there- 
upon proceed,  by  amicable  negotiation,  to  regulate  the  boundary  line  In  that 
quarter,  as  well  as  all  other  points  to  be  adjusted  between  the  said  parties, 
according  to  justice  and  mutual  convenience,  and  In  conformity  to  the  Intent 
of  the  said  treaty.  i 

This  survey  was  not  made ;  David  Thompson,  as  already  mentioned, 
having  definitely  determined  that  the  source  of  the  Mississippi  was 
over  2°  south  of  the  northwest  angle. 

The  lack  of  knowledge,  even  among  those  best  informed,  as  to  the 
country  west  of  the  Lake  of  the  Woods  may  be  judged  from  the 
following  official  instructions  sent  by  the  British  Admiralty  to 
Captain  George  Vancouver  on  March  8, 1791 : 

You  are  hereby  required  and  directed  to  pay  a  particular  attention  to  the 
examination  of  the  supposed  straits  of  Juan  de  Fuca,  said  to  be  situated 
between  48  and  49  degrees  north  latitude,  and  to  lead  to  an  opening  through 
which  the  sloop  Washingtrm  Is  reported  to  have  passed  In  1789,  and  to  have 
come  out  again  to  the  northward  of  NootUa.  The  discovery  of  a  near  com- 
munication between  any  such  sea  or  strait,  and  any  river  running  into  or 
from  the  Lake  of  the  Woods,  would  be  particularly  useful. 

In  a  letter  dated  June  8,  1802,  Madison  wrote  Rufus  King,  then 
minister  for  the  United  States  at  the  Court  of  St.  James,  com- 
missioning him  to  enter  into  negotiations  for  the  adjustment  of  the 
boundary,  and  suggesting  "  a  line  running  from  the  source  of  the 
Mississippi  which  is  nearest  the  Lake  of  the  Woods  and  skirting 
it  westward  on  a  tangent,  and  from  the  point  touched  along  the 
watermark  of  the  lake  to  its  most  northwestern  point  at  which  it 
will  meet  the  line  running  through  the  lake."  The  matter  was  taken 
up  with  Lord  Hawkesbury,  and  he  and  Mr.  King  reached  an  agree- 
ment that  the  boundary  should  be  the  "shortest  line  which  can  be 
drawn  between  the  northwestern  point  of  the  Lake  of  the  Woods 
and  the  source  of  the  Mississippi." 

In  1803  the  King-Hawkesbury  convention  was  arranged.  Article 
II  of  this  convention,  following,  except  in  its  concluding  statement, 
the  language  of  Article  IV  of  the  Jay  treaty,  provided  that  "  whereas 
it  is  uncertain  whether  the  river  Mississippi  extends  so  far  to  the 
northward  as  to  be  intersected  by  a  line  drawn  due  west  from  the 


FINAL  BEPOBT  OF  THE  INTEBNATIONAL  JOINT  COMinSSION.      135 

Lake  of  the  Woods  *  *  *  it  is  agreed  that  ♦  ♦  ♦  the  bound- 
ary of  the  United  States  in  this  quarter  shall  *  *  *  be  the  short- 
est line  which  can  be  drawn  between  the  northwest  point  of  the  Lake 
of  the  Woods  and  the  nearest  source  of  the  River  Missiasippi." 
Nothing  came  of  this  at  the  time  because  of  the  refusal  of  the  United 
States  Senate  to  ratify  the  fifth  article.  The  United  States  had  a 
few  weeks  before  acquired  Louisiana  from  France,  and  the  Senate 
feared  that  Article  V  of  the  Hawkesbury-King  convention,  if 
assented  to,  might  adversely  affect  the  rights  acquired  under  the 
Louisiana  treaty. 

Monroe,  in  a  communication  dated  September  5,  1804,  reviewed 
the  negotiations  in  connection  with  the  boundary,  and  set  forth  the 
views  of  the  United  States  as  to  the  inadmissibility  of  the  proposed 
boundary  from  the  northwest  point  of  the  Lake  of  the  Woods  to 
the  nearest  source  of  the  Mississippi.  This  line,  it  was  now  known, 
would  necessarily  run  south  of  the  forty-ninth  degree  of  north  lati- 
tude. Monroe  stated  that  commissaires  appointed  under  Article  X 
of  the  treaty  of  Utrecht,  1713,  had  "  fixed  the  northern  boundary 
of  Canada  and  Louisiana  by  a  line  beginning  on  the  Atlantic  at  a 
cape  or  promontory  in  58**  30'  north  latitude,  thence  southwest- 
wardly  to  the  Lake  Mistassim,  thence  further  southwest  to  tlie  lati- 
tude 49**  north  from  the  equator,  and  along  that  line  indefinitely;^ 
that  France  by  the  Louisiana  treaty  had  ceded  the  WBrtiiiii  terri- 
tory up  to  latittulo  49**  to  the  Uniteil  States,  and  that,  ooonqoant]^, 
the  line  proposed  by  the  Hawkesbury-King  convention  would  run 
through  the  territory  of  the  United  States. 

The  accuracy  of  the  stattment  that  the  eonwnwwoneri,  mder 
the  tre.ity  of  Utrecht,  had  settled  the  boundary  was  afterwards 
challenged  by  Oreenhow  in  the  Washington  Olobe^  Jsnnsry  15, 
IS40,  and  later  in  his  IJistory  of  Oregon  and  CaUfomim.  It  woukl 
appear  also  from  a  memoir  of  the  Comtc  de  la  Galissonnitee  oa  the 
French  colonies  in  North  America,  dated  Deeeoiber,  1750;  from 
the  private  instructions  to  the  Marquis  de  VMidviail,  dated  April 
1,  1756;  and  from  a  statement  by  the  Due  de  Choiseal  in  1701,  that 
the  commissioners  never  reached  any  sgrsement,  and  tliat  the  ques- 
tion  was  still  in  dispute  when  France  oeded  Cenada  to  Qreet  Britain.* 

Whether  or  not  the  commissionen  onder  tlte  treaty  of  UtrschI 
fixed  latitude  49°  as  the  boundary  between  the  western  territorise 
of  England  and  France,  there  is  no  doubt  thst  the  BritiA  eoni- 
inisaioners  contended  for  the  forty-ninth  parallel  as  the  eoutherD 
boundary  of  British  territory. 

After  the  conclusion  of  the  treaty  of  amity  and  commeroe  of  De- 
cember 81,  1806,  the  British  negottstors  propoeed  a  sappleoMBtaiy 

*  Sm  tlM  waittFH  BoMSiry  WtvUm  mai  Trwtha,  »». 


136      FINAL  REPOBT  OP  THE  INTEBNATIONAL  JOINT  COMMISSION. 

convention  defining  the  boundary  from  the  northwest  angle  of  the 
Lake  of  the  Woods.  They  proposed  that  it  be  drawn  due  south  to 
the  forty-ninth  parallel  and  thence  due  west  "  as  far  as  the  territories 
of  the  United  States  extend  in  that  quarter."  The  latter  words  were 
subsequently  changed,  to  meet  the  objections  of  the  American  com- 
missioners, to  "  as  far  as  their  respective  territories  extend  in  that 
quarter."  The  treaty,  however,  fell  through  and  with  it  the  boundary 
convention. 

Under  the  terms  of  the  treaty  of  Ghent,  signed  December  24, 1814, 
on  the  conclusion  of  the  War  of  1812-1814,  provision  was  made  for 
the  appointment  of  commissioners  to  determine  the  boundary  "  from 
the  water  communication  between  Lake  Huron  and  Lake  Superior, 
to  the  most  northwestern  point  of  the  Lake  of  the  Woods."  Much 
controversy  followed  as  to  the  identity  of  "Long  Lake,"  and  the 
course  the  boundary  should  take  from  Lake  Superior  to  the  Lake  of 
the  Woods,  but  that  need  not  be  gone  into  here.  The  respective 
claims  set  up  by  Barclay  and  Porter,  the  British  and  United  States 
commissioners,  will  be  found  fully  set  forth  in  James  White's  Bound- 
ary Disputes  and  Treaties  (in  Canada  and  its  Provinces).  The 
commissioners  were  in  agreement  respecting  the  boundary  from 
Rainy  Lake  to  the  Lake  of  the  Woods,  and  defined  it  as  passing 
through  the  middle  of  Rainy  Lake  to  its  sortie,  thence  down  the 
middle  of  Rainy  River  to  the  Lake  of  the  Woods,  thence  northwest- 
erly and  westerly  to  the  head  of  a  bay  "  being  the  most  northwestern 
point  of  the  Lake  of  the  Woods"  in  latitude  49"  23'  55"  N.  and 
longitude  95°  14'  38"  W. 

In  negotiating  the  London  convention  of  1818,  Gallatin  and  Rush, 
who  represented  the  United  States,  proposed  the  forty-ninth  parallel 
as  the  boundary  from  the  Lake  of  the  Woods  to  the  Pacific.  The 
British  negotiators,  Robinson  and  Goulbum,  thought  the  far  west- 
em  boundary  should  follow  the  Columbia  River  to  its  mouth.  They 
later  suggested  the  forty-ninth  parallel  from  the  Lake  of  the  Woods 
to  the  Rocky  Mountains,  and  that  west  of  the  mountains  the  country 
between  the  forty-fifth  and  forty-ninth  parallels  should  be  free  and 
open  to  the  citizens  of  both  countries.  This  was  subsequently  modi- 
fied so  that  all  the  country  west  of  the  mountains  claimed  by  either 
nation  should  be  free  and  open  for  ten  years  to  the  vessels,  citizens, 
and  subjects  of  the  two  powers. 

Article  II  of  the  treaty  of  1818,  as  finally  ratified,  reads  as  follows: 

It  Is  agreed  that  a  line  drawn  from  the  most  northwestern  point  of  the  Lake 
of  the  Woods,  along  the  forty-ninth  parallel  of  north  latitude,  or,  If  the  said 
point  shall  not  be  In  the  forty-ninth  parallel  of  north  latitude,  then,  that  a 
line  drawn  from  the  said  point  due  north  or  south,  as  the  case  may  be,  until 
the  said  line  shall  Intersect  the  said  parallel  of  north  latitude,  and  from 
the  point  of  such  Intersection  due  west  along  and  with  the  said  parallel,  shall 


I-INAL  REPOBT  OP  THE  INTEKNATIOITAL  JOINT  COMMISSION.      137 

be  the  line  of  demarcation  between  the  territories  of  His  Britannic  Maje^ 
and  those  of  the  United  States,  and  that  the  said  line  shall  form  the  aoathem 
boundary  of  the  said  territories  of  His  Britannic  Majesty  and  the  northern 
boundary  of  the  territories  of  the  United  States,  from  the  Lake  of  the  Woods 
to  the  Stony  Mountains. 

It  having  been  finally  deteraiined  that  the  forty-ninth  parallel  was 
south  of  the  Northwest  Angle  of  the  Lake  of  the  Woods,  Article  11 
of  the  AVebster-Ashburton  treaty  of  1842  provided  that  the  boundary 
line  should  run  along  the  line  already  traced  by  the  commissioners  of 
the  two  countries  from  Chaudiere  Falls,  at  the  outlet  of  Rainy  Lake, 
to  the  "  most  northwestern  point  of  the  Lake  of  the  Woods,  being  in 
latitude  49*'  23'  55"  north  and  in  longitude  do"  14'  38"  west  from 
the  observatory  of  Greenwich;  thence,  according  to  the  existing 
treaties,  due  south  to  its  intersection  with  the  forty-ninth  parallel  of 
north  latitude,  and  along  that  parallel  to  the  Rocky  Mountains;  it 
being  understood  that  all  the  water  communications  and  all  the 
usual  portages  along  the  line  from  Lake  Superior  to  the  Lake  of  the 
Woods,  and  also  Grand  Portage  from  the  shore  of  Lake  Superior  to 
the  Pigeon  River,  as  now  actually  used,  shall  be  free  and  open  to  the 
use  of  the  subjects  and  citizens  of  both  countries." 

After  many  vicissitudes  the  western  boundary  had  at  last  been  set- 
tled as  running  through  the  Lake  of  the  Woods  to  what  wta  known 
as  the  Northwest  Angle  Inlet ;  from  the  head  of  that  inlet  due  south 
to  the  forty-ninth  parallel ;  thence  west  along  that  parallel.  It  miy 
be  noted,  however,  that  the  e.\act  location  of  the  Northwest  An|^ 
was  not  settled  without  controversy,  it  having  been  argued  on  oat 
side  that  Rnt  Portage  was  the  northwestemmost  point  of  the 
Lake  of  the  Woods  and  that  the  boundary  should  run  west  from  that 
point,  and  on  the  other  that  the  description  "  northwestern  point  • 
was  an  error,  and  that  the  obvious  intention  was  that  the  boQWlafy 
should  run  from  the  "  southwestern  point  **  of  the  I*ako  of  the  Wood*. 
where  the  forty-ninth  parallel  strikes  the  lake. 

It  appears  from  a  letter  of  Captain  W.J.  Twining,  chief  astronomer 
of  the  United  States  Northern  Boundary  Commission,  dated  Oetobor 
t,  1878,  that  Dr.  I.  L.  Tiarks,  who  with  David  Thompson  had  been 
employed  in  1825  by  the  British  Government  to  determine  the  nortli- 
west  point  of  the  lake,  was  actually  responsible  for  deCennininf  IIm 
location  of  the  Northwest  Anglo.  Tisrks,  it  is  said,  had  to  deddt 
between  the  angle  at  Rat  Portage  and  the  bay  or  inlet  now  knofwn 
as  the  Northwest  Angle.  **  This  question,**  ssjs  Twining,  **  was  set- 
tled by  Tiarks  in  favor  of  the  latter  on  the  principle  that  the  north- 
west point  was  that  point  at  which,  if  the  line  were  drawn  in  the  plane 
of  a  great  circle,  making  an  angle  of  45^  with  the  meridian,  soeh  a 
line  would  cut  no  other  water  of  the  lake.  He  therefore  detenniiied 
the  relative  position  of  the  two  points  in  question  by  means  of  tbrir 


138       FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

latitude  and  longitude ;  the  latitudes  were  fixed  by  means  of  the  sex- 
tant and  the  longitude  by  the  mean  of  several  chronometer  determi- 
nations." Dr.  Tiarks's  report  was  adopted  at  the  time  by  the  com- 
mission on  the  part  of  the  United  States. 

But,  although  the  position  of  the  Northwest  Angle  had  been  de- 
cided upon,  the  question  was  still  very  far  from  being  finally  settled. 
The  point  fixed  by  Tiarks  and  Thompson  as  the  northwest  point  of 
the  Lake  of  the  Woods  was  found  to  be  in  a  swamp,  and  its  position 
was  given  by  certain  courses  and  distances  from  a  reference  monu- 
ment. The  monument  was  described  by  Thompson  as  a  "square 
monument  of  logs,  12  feet  high  by  7  feet  square,  the  lower  part  of  oak, 
the  upper  part  of  aspen."  Its  latitude  was  given  by  Tiarks  as  49°  23' 
0C.48"  north  and  its  longitude  approximately  95°  14'  38"  west  from 
Greenwich. 

Because  of  some  uncertainty  as  to  the  true  position  of  the  forty- 
ninth  parallel,  it  was  determined  in  1872  to  survey  and  mark  the 
boundary  from  the  Lake  of  the  Woods  to  the  Rocky  Mountains,  and 
this  work  was  intrusted  to  an  international  commission.  Captain  D.  R. 
Cameron  representing  Great  Britain  and  Archibald  Campbell  the 
United  States.  In  connection  with  the  duties  intrusted  to  them,  it 
became  necessary  for  the  commissioners  to  verify  the  position  of  the 
northwesternmost  point  of  the  Lake  of  the  Woods,  as  fixed  by 
Tiarks  and  Thompson.  In  1872,  however,  the  water  of  the  lake  was 
much  higher  than  it  had  been  in  1825,  the  site  was  covered  with 
several  feet  of  water,  and  nothing  remained  of  the  reference  monu- 
ment but  a  few  fragments  of  the  oak  foundation.  It  was  only  there- 
fore after  much  search,  with  the  help  of  Indians,  that  the  remains  of 
the  monument  were  finally  discovered  by  the  astronomers  of  the  com- 
mission, Captain  W.  J.  Twining  and  Captain  S.  Anderson,  R.  E. 
The  report*  contains  the  following  interesting  account  of  the  old 
boundary  monument  of  1824 : 

We  found  at  the  angle  the  camp  of  a  surveying  party  of  the  British  commis- 
sion in  charge  of  Ck)lonel  Forrest,  who  were  engaged  in  making  a  survey  of  the 
entire  northwest  arm  of  the  lake,  which  was  afterwards  continued  along  the 
west  shore  to  the  forty-ninth  parallel.  Colonel  Forrest,  at  various  times  before 
our  arrival,  had  sought  to  discover  some  trace  of  the  reference  monument 
before  alluded  to,  but  his  search  had  been  in  vain.  He  had  sought  information 
as  to  Its  location  from  the  Indians  in  the  vicinity,  and  elicited  to  the  effect 
that  some  of  them  remembered  the  visit  of  the  party  which  erected  it,  in 
October,  1824,  and  that  but  a  few  years  had  elapsed  since  its  total  disap- 
pearance. They,  however,  refused  to  point  out  the  locality  which  they  claimed 
to  know,  except  upon  payment  of  extravagant  rewards  to  themselves  and  their 
tribe.  After  several  powwows  with  them  C5olonel  Forrest,  discrediting  their 
statements,  had  given  up  hopes  of  discovering  anything  from  them  and  refused 
to  treat  further  with  them.  Colonel  Forrest  stated  to  me  that  some  Indians  had 
brought  to  his  camp  a  portion  of  an  oaken  log  charred  and  much  decayed,  which 

»  Reports  Upon  the  Survey  of  the  Boundary  •  •  •  from  the  Lake  of  the  Wooda 
to  the  Summit  of  the  Rocky  Mountains.    Washington,  1878,  pp.  80-81. 


FINAL  EEPOET  OP  THE  INTEBNAnONAL  JOIHT  OOlOOSglOH.      189 

they  averred  was  a  portion  of  the  center  post  of  the  old  momiflMnL    Am 
they  refused  to  say  where  they  had  gotten  It,  unless  their 
were  complied  with,  and  carried  it  awuy  with  them  when  thtf 
not  to  obtain  the  compensation  sought. 

It  is  not  necessary  to  seek  for  reasons  which  would  explain  the 
In  the  course  of  48  years,  of  a  wooden  post  surrounded  by  a  cribwork  of  lopL 

First,  it  was  in  a  locality  frequently  visited  by  Indians,  whoM  feaUts  «f 
wanton  destruction  are  well  known ;  second,  the  locality  in  quostlaa  had  bMB 
ravaged  by  forest  fires ;  third,  natural  decay,  which  was  hastened  bf  the  tect, 
as  will  hereafter  appear,  of  its  being  much  in  the  water.  We  bad  as  data  Dor 
our  search  the  map  of  the  commissioners  of  1825,  on  which  were  nwrtud  tlM 
positions  of  the  reference  monument,  the  "  most  northwestern  point  **  and  tka 
place  where  the  astronomical  observations  were  made.  We  bad  given  alaa  tha 
latitude  and  longitude  of  the  most  northwestern  point,  and  the  ooonea  and 
distances  connecting  this  point  with  the  reference  monument 

The  ofllcial  map  was,  however,  drawn  to  so  small  a  scale  (2  Inchea  to  1  mlla) 
that  details  of  localities,  such  as  the  most  northwestern  point,  etc,  were  not 
recognizable ;  but  the  points  of  land  marked  "  monument "  and  **  observatory  " 
were  distinguished,  and  in  the  vicinity  of  the  former  point  thoroogh 
made  for  some  trace  of  the  monument  by  Major  Farquhar,  Captain  Anderson,  i 
myself,  assisted  by  the  men  of  our  respective  parties.  This  provlni 
ful,  it  become  necessary  to  await  the  completion  of  Colonel  Forrest^  detaUad 
survey.  During  this  Interval  I  verified  this  survey  by  independent  iit>aCi  latlwia 
for  azimuth  and  by  rerunning  the  transit  lines  upon  the  northwestern  alMra  9t 
the  bay  and  resurveylng  in  vicinity  of  the  point  of  land  marked  **  obaarvntory  * 
on  the  official  map.  Separate  plats  having  been  made  and  found  in 
several  points  In  latitude  40°  23'  55"  (official  latitude  of  must  oortlli 
point)  were  platted  from  latitudes  obtained  by  sextant  obssnratloni^ 
them  were  platted  the  ofllcial  courses  and  distances  to  the  refercnca 
Falling  to  obtain  by  this  means  any  trace  of  the  exact  site  of  the 
as  was  supposed  on  account  of  tlie  probable  discrepancy  whlcli  would 
exist  between  the  official  latitude  and  the  latitude  derived  firoa  OS 
tlons,  and  as  the  Joint  commissioners  who  were  to  follow  ns  from  tbe  Rod  Rlw 
bad  not  yet  arrived,  Major  Farquhar  dlrectetl  me  to  select  a  point  on  tbe  longoa 
of  land  on  which  we  supimsod  should  be  the  most  Dortbwest  point  to  erad  fbort 
a  station,  make  azimuth  observations,  and  begin  tba  cutting  of  tba 
Hoe.  The  station,  pyramidal,  with  20-foot  center  post, 
cutting  began,  but  suddenly  abandoned  for  cause  as  will  appsar. 

Mr.  James  McKay,  then  meuilier  of  ParllamiMit  of  tlie  Ihrovlaet  9t 
and  manager  for  the  Dominion  Government  of  the  "  Dai 
at  tbe  Northwest  Angle  and  bccanio  at  onca  Intsraatad  In  tba 
lost  monument  site.  Mr.  McKay  Is  of  mixed  deaeant,  and  ipaaka  witli 
tbe  language  of  the  OJIbways,  having  spent  a  lance  portion  of  bla  tlf¥ 
tbera.  On  this  account,  and  because  of  bis  ofBclal  poaltloo  and 
allty,  he  has  much  Influence  with  tlie  Indiana,  and  aNilnsd  aoa  af  llw  aM 
chiefs,  who  snid  he  knew  the  place  where  tbe  monnmant  iMid  baaa»  la  fa  wHli 
bim  and  point  It  out.  AcconltuKiy.  the  Indian,  accempanlad  Iv  Mr.  McKay. 
Major  Farqubar,  and  Captain  Andwnon,  want  la  a  eaaaa  to  tbe  Mat  of 
wblcb  wa  bad  aearcbed  over  ao  BMay  tlma»  and  dlraolid  attTniioa  i«  a  9 
directly  off  tbe  point,  among  tbe  mabaa  which  ii«f  whaii  Wam  tha 
lo  about  2|  feet  of  water,  wbldi  ha  said  ha  kaaw  la  ha  tha 
monunuMit  had  bean. 

Ity  wading,  Major  rarqnbsr  discovwad  what  w««  la  hte  a 
pauying  him  aaUafactory  avldanoas  that  this  waa  Indeed  tha 


140      FINAL  BEPOBT  OP  THE  INTEENATIOITAL  JOINT  COMMISSION. 

especially  as  the  description  heretofore  given  proved  that  It  must  have  been  In 
this  Immediate  vicinity.  There  were  depressions  where  portions  of  two  logs 
had  evidently  been  at  right  angles  with  each  other,  and,  In  the  Included  angle, 
a  cavity  such  as  would  have  been  left  by  the  removal  of  a  log,  and  whence  had 
probably  been  taken  the  log  before  mentioned  as  having  been  brought  to  Ck)lonel 
Forrest's  camp. 

The  Indians  said  that  the  water  surface  was,  at  the  time  of  our  visit  to  the 
Angle,  8  feet  higher  than  it  was  at  the  time  the  monument  was  erected,  and 
this  statement  was  partially  substantlatetl  by  the  fact  that  within  the  linowletlge 
of  the  white  people  living  at  the  Angle,  there  had  been  no  season  in  which  tlie 
water  had  been  so  high.  In  the  fall  of  the  year.  With  the  water  even  4  feet 
lower  this  site  would  have  been  on  "  firm  ground,"  as  such  term  would  be  under- 
stood in  a  country  low  and  swampy,  llite  that  In  the  vicinity  of  the  Angle,  and, 
moreover.  In  a  place  very  convenient  for  making  the  necessary  connections  with 
the  point  marked  "  observatory  "  and  with  the  "  most  northwestern  point." 

The  protocol  was  signed  in  London  May  29,  1876,  on  the  comple- 
tion of  the  work  of  the  joint  commission.  The  northwest  point  of 
the  Northwest  Angle  of  the  Lake  of  the  Woods  is  shown  on  the  map 
facing  page  83  of  the  Reports  upon  the  Survey  of  the  Boundan/^  etc., 
1878.  As  already  stated,  it  is  a  swampy  spot,  where  Minnesota,  Mani- 
toba, and  Ontario  meet,  something  less  than  2  miles  from  the  place 
where  the  Dawson  Road  formerly  led  over  to  Red  River. 

The  boundary  line,  which  drops  due  south  from  the  Northwest 
Angle,  cuts  off  from  Canada  about  150  square  miles  of  territory, 
which  constitutes  a  detached  fragment  of  Minnesota.  "Thus  it 
happens,'"  says  Dr.  Elliott  Coues,  "  that  after  more  than  a  century  of 
dispute,  arbitration,  and  survey  two  nations  have  in  and  about  the 
Lake  of  the  Woods  that  politico-geographical  curiosity  of  a  boundary 
that  a  glance  at  the  map  will  show,  that  no  one  could  have  foreseen, 
and  that  would  be  inexplicable  without  some  knowledge  of  the  steps 
in  the  process  by  which  it  was  brought  about.  Either  nation  could 
better  have  afforded  to  let  the  boundary  run  around  the  south  shore 
of  the  lake  from  the  mouth  of  Rainy  River  to  the  point  where  the 
shore  is  intersected  by  the  parallel  of  49°."  ^ 

By  Article  V  of  the  boundary  treaty  signed  at  Washington  April 
11,  1908,  provision  was  made  for  the  reestablishment  and  marking 
of  the  boundary  line  between  Lake  Superior  and  the  northwestern- 
most  point  of  the  Lake  of  the  Woods.  Under  the  provisions  of  the 
article  O.  H.  Tittman  was  appointed  commissioner  on  the  part  of  the 
United  States  and  Dr.  W.  F.  King  on  the  part  of  Great  Britain.* 
The  same  commissioners  were  charged  with  the  demarcation  and 
marking  of  the  boundary  from  the  Northwest  Angle  westward.  It  is 
expected  that  the  commissioners  will  complete  their  work,  so  far  as 
the  Lake  of  the  Woods  is  concerned,  during  the  season  of  1917. 

1  New  Light  on  the  Early  History  of  the  Greater  North-West,  I.  26. 
•Dr.  King  died  in  1916,  and  has  been  succeeded  by  Mr.  J,  J.  McArthur;  Dr.  0.  H. 
Tittman  has  retired  and  been  succeeded  by  Mr.  E.  C.  Barnard. 


IV. — SETTLEMEirr. 

Settlement  in  the  Lake  of  the  Woods  and  Rainy  River  district  had 
its  beginnings  around  the  old  trading  posts  of  the  fur  companies. 
The  earliest  settlement  seems  to  have  been  in  the  neighborhood  of 
Fort  Frances,  of  the  Hudson's  Bay  Company,  which,  it  will  be  re- 
membered, succeeded  La  Verendrye's  Fort  St.  Pierre  and  Rainy  Lake 
House  of  the  North  West  Company.  About  the  same  time  settlement 
began  at  the  lower  end  of  Rainy  River,  near  Hungry  Hall,  of  the 
Hudson's  Bay  Company.  From  these  two  points,  at  either  end  of 
Rainy  River,  it  spread  very  gradually  up  and  down  the  Canadian 
side.  The  earliest  settlement  on  the  Lake  of  the  Woods  appears  to 
have  been  in  the  vicinity  of  the  Hudson's  Bay  Company's  post  at  Rat 
Portage.  A  few  years  later  farmers  began  to  take  up  land  on  the 
south  shore  of  the  Lake  of  the  Woods  and  on  Rainy  River,  in  the 
neighborhood  of  the  old  trading  post  of  the  American  Fur  Company, 
where  the  town  of  International  Falls  now  stands;  on  Zippel  Bay; 
and  around  the  mouth  of  Warrond  River,  where  the  same  company 
is  believed  to  have  had  another  trading  post 

The  oldest  living  settler  in  the  Lake  of  the  Woods  district  is  Mr. 
R.  J.  N.  Pither,  of  Kenora,  who  came  into  this  part  of  the  countij 
in  a  birch-bark  canoe  in  184G,  and  has  lived  there  ever  since.  He  was 
for  many  years  agent  of  the  Hudson's  Bay  Company  at  Fort  Frances; 
afterwards  agent  of  the  department  of  Indian  affairs  of  Canada* 
with  headquarters  at  Pithers  Point,  near  Fort  Frances.  His  hooM 
for  many  years  stood  a  few  yards  from  the  site  of  the  old  Foct 
St.  Pierre.  When  he  first  came  into  the  district  it  was  uninhabitad 
except  by  Indians  and  a  few  fur  traders.  He  has  lived  to  set  U 
developing  in  every  direction,  with  a  number  of  growing  Cowm  on 
either  side  of  the  boundary,  and  railways  running  east,  west,  and 
south;  its  waters  the  source  of  thriving  fisheries;  its  forests  and 
mines  adding  yearly  to  the  wealth  of  two  ncighl>oring  nstions;  and 
its  harnessed  water  powers  furnishing  the  energy  for  several  very 
important  industries. 

Mr.  Frank  Gardner,  of  Kenora,  one  of  the  earliett  nttkit  oo  tlM 
Lake  of  the  Woods,  furnishes  the  following  particuUrt: 

My  first  apptaraDce  on  the  Lake  of  Uie  Woods  was  la  gipHibw,  iSVL  At 
thnt  time  there  were  no  Mttlers  on  any  part  of  the  lake.  The  tt|i|Nr  portloa  e( 
Itniny  Ulver  oo  the  Canadian  side,  tnm  the  Big  rorfcs  to  Fort  Franraik  was 
sparMly  wttled.  the  first  men  to  stttle  Hiere  coonlnf  In  aboet  18TS  or  1ST4  ta 
October,  1870.  I  wttlMl  at  Kaewatln,  oo  the  north  slMre  of  Lake  of  the  Weeda 

Ul 


142      FINAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

At  that  time  I  was  the  only  Inhabitant  I  did  a  little  trading  In  furs.  Work 
on  the  Canadian  Pacific  Railway  In  that  neighborhood  started  the  following 
spring,  and  the  village  of  Keewatln  had  Its  beginning  that  same  summer.  Rat 
Portage,  now  Kenora,  began  about  1879  or  1880.  The  next  settlement  was  at 
the  mouth  of  the  Warroad  River,  on  the  American  side  of  the  lake,  but  I  do 
not  remember  the  year.  The  Grassy  River  settlement  on  the  east  side  of  the 
Lalie  of  the  Woods  dates  from  about  1900,  and  the  first  settlers  on  the  North- 
west Angle  came  In  about  the  same  time. 

There  is  said  to  have  been  a  small  post  of  the  Hudson's  Bay  Com- 
pany on  the  Northwest  Angle  about  1874  or  1875,  somewhere  in  the 
neighborhood  of  old  Fort  St.  Charles. 

Mr.  W.  A.  Johnston  credits  the  first  impulse  to  settlement  on  the 
Canadian  side  to  the  construction  of  the  Canadian  Pacific  Railway 
in  1881  as  far  as  Rat  Portage,  now  Kenora,  by  which  better  means 
of  communication  with  the  district  were  established.  "At  this  time," 
he  says,*  "a  number  of  settlers  had  already  entered  Rainy  River 
district  and  had  undertaken  farming  operations  at  various  points 
along  Rainy  River;  but  for  the  next  10  years  the  superior  features 
of  the,  prairies  as  compared  with  the  densely  wooded  Rainy  River 
district  attracted  most  of  the  immigration.  In  the  early  nineties 
many  settlers  entered  the  district,  coming  chiefly  from  eastern  Can- 
ada, and  most  of  the  land  along  Rainy  River,  which  was  naturally 
drained  or  could  be  readily  drained,  was  taken  up.  The  construc- 
tion of  the  Canadian  Northern  Railway  through  the  district  in  1901 
gave  still  further  impetus  to  immigration  and  industrial  develop- 
ment and  furnished  much  needed  means  of  communication  and 
transportation  facilities." 

Conditions  as  they  were  in  1895  have  been  described  by  Mr.  Archi- 
bald Blue  in  his  Tour  of  Inspection  in  Northwestern  Ontario :  * 

Settlement  on  the  Ontario  side  (of  Rainy  River)  extends  all  the  way  from 
Fort  Frances  to  the  mouth  of  the  river,  exclusive  of  the  Indian  reserves,  and 
everywhere  the  soil  appears  to  be  uniformly  good — a  finely  silted  clay  and 
clay  loam,  holding  a  great  number  of  limestone  pebbles.  All  the  farmers  with 
whom  I  spoke  are  delighted  with  the  country  and  its  suitability  for  settlement. 
The  lowland,  they  say,  can  easily  be  drained  and  crops  never  fall. 

Mr.  Blue's  report  also  affords  some  information  as  to  the  progress 
of  settlement  on  the  United  States  side  of  the  river : 

A  few  settlers  are  coming  In  on  the  Minnesota  side,  and  It  Is  expected  that 
the  whole  river  front  will  be  thrown  open  this  year.  Surveying  parties  and 
timber  agents  were  busy  all  last  summer  (1895)  getting  the  territory  ready 
on  behalf  of  the  United  States  Government,  and  another  Oklahoma  rush  was 
confidently  expected. 

Mr.  Blue  adds  in  a  footnote : 

The  Red  Lake  Indian  Reservation  In  Minnesota  extends  from  the  mouth  of 
Black  River,  one  of  the  tributaries  of  Rainy  River,  westward  to  the  western 

»  Rainy  River  District,  p    6. 

■Ontario  Bureau  of  Mines  Report,   1895,  pp.   165,   166. 


Plate  29. 


CLEARING  HEAVILY  TIMBERED  LAND. 


PINAL  KEPOBT  OF  THE  INTEBNATIONAL  JOINT  COMMISSION.      143 

side  of  the  Lake  of  the  Woods,  and  contains  what  is  probably  the  largest  body 
of  virgin  pine  left  standing  within  the  bounds  of  the  United  States.  A  Urse 
amount  of  this  forest  Ls  included  in  the  part  of  the  reserratioo  to  be  thrown 
open  for  settlement  It  will  not,  however,  be  taken  up  by  settlers,  but  will  be 
sold  at  auction.  The  minimum  price  of  the  stumpage  is  placed  at  18  per 
thousand  feet.  The  reservation  was  thrown  open  on  the  15th  of  May  of  the 
present  year  (1896). 

At  the  various  hearings  some  fragmentary  information  was  ob- 
tained as  to  the  first  settlements  around  the  Lake  of  the  Woods.  Mr. 
W.  M.  Zippel  stated  at  the  1912  hearings  that  he  had  first  settled  at 
Rat  Portage  in  1884.  Three  years  later  he  crossed  over  to  the  sooth 
shore  and  made  a  home  at  the  mouth  of  a  creek,  since  known  as 
Zippel  Creek.  The  village  that  has  grown  up  at  this  place  is  also 
named  after  Mr.  Zippel. 

At  the  1915  hearing  in  Warroad,  Mr.  Alonzo  Wheeler  stated  that 
he  had  settled  at  the  mouth  of  Rainy  River,  on  the  Minnesota  side,  in 
1885,  and  has  lived  there  ever  since.  The  land  was  then  part  of  an 
Indian  reservation  and  had  not  yet  been  opened  for  settlement  The 
place  is  now  known  as  Wheelers  Point. 

At  the  same  hearing  Mr.  Bernard  A.  Amesen  testified  that  he 
had  settled  at  what  was  then  known  as  Rocky  Point,  on  the 
shore  of  the  Lake  of  the  Woods,  in  1897.    The  village  that  bei 
grown  about  his  place  is  known  as  Amesen. 

Dr.  Lawrence  Parker,  health  officer  for  the  township  and  iriHiigB 
of  Warroad,  stated  that  he  took  up  his  homestead  on  Warroad  RifW 
in  1895.  The  Indians  were  still  in  the  neighborhood ;  the  land  bad 
not  yet  been  opened  up  for  settlement  He  squatted  there  with  hit 
family.  Dr.  Parker  mentions  that  there  med  to  be  •  mall  tnuttaf 
post  at  the  mouth  of  Warroad  River  in  the  early  days. 

Mr.  Helec  Clementson,  who  also  testified  at  Warroad,  told  the 
commission  that  he  had  a  farm  at  the  mouth  of  Rapid  Hirer,  a  tribv- 
tary  of  Rainy  River  on  the  United  States  tide,  and  that  he  had  flnl 
settled  there  in  May,  1896. 

At  the  Kenora  hearing  in  1915,  Mr.  Frank  T.  Hooper  iliiled  that  be 
had  settled  there  in  1875  and  hnd  been  engafed  in  tlie  dUpping  bad- 
ness on  the  Lake  of  the  Woods  since  that  year. 

In  regard  to  the  east  shore  of  the  Lake  of  the  Woods,  Mr.  Mai* 
oolm  McRitchie  testified  at  the  Kenora  hearing,  1915,  that  he  had  «i- 
tled  at  Rat  Portage  in  1888  and  had  been  engaged  in  the  boat  bori- 
nesi  since  1888.  He  stated  that  there  was  a  ^^^tiderable  ssttknaBl 
at  Grassy  River,  on  the  east  shore,  engaged  in  farming  and  lumber- 
ing; that,  in  fact,  settlements  extended  for  85  miles  along  Che  eaA 
shore. 

Mr.  Donald  IT.  Currie  at  the  Kenora  hearing,  1916,  gave  the  con* 
mission  the  following  information  in  regard  to  that  town:  Kenora 
was  incorporated  as  a  town  in  1904.  There  had  prarloo^y  be«i  tbrae 
iwm-vt — ^10 


144      PINAL  EEPOBT  OF  THE  INTEBNATIONAL  JOINT  COMMISSION. 

separate  settlements  near  the  outlets  of  the  Lake  of  the  Woods  known 
as  Keewatin,  Norman,  and  Rat  Portage.  The  name  "  Kenora  "  was 
obtained  by  taking  the  first  two  letters  of  the  three  places.  The  per- 
manent population  of  the  town  is  about  6,500,  to  which  are  added 
about  3,000  tourists  and  summer  cottagers  during  the  summer  months. 
The  total  assessment  of  property  in  the  town  is  about  $3,300,000. 
Keewatin  is  a  separate  incorporated  town  near  Kenora.  The  indus- 
tries in  the  two  towns  are  valued  at  $3,000,000. 

Sandford  Fleming,  in  his  "  Old  to  New  Westminster,"  describes  Rat 
Portage  as  it  was  in  1883,  "  Rat  Portage,"  he  says,  "  is  beginning  to 
be  an  important  place.  *  *  *  Four  large  sawmills  have  been  con- 
structed here,  and  immense  quantities  of  lumber  have  been  dis- 
patched to  Winnipeg  and  the  country  beyond.  At  present  Rat 
Portage  is  the  watering  place  for  the  city  of  Winnipeg.  Gold  min- 
ing has  been  commenced.  *  *  *  Many  explorers  are  engaged  in 
examining  the  rocky  ledges  which  crop  out  on  the  shore  and  are  ex- 
posed on  the  numerous  islands  of  the  Lake  of  the  Woods." 

Warroad,  Minnesota,  was  incorporated  as  a  village  November  9, 
1901.  At  the  Warroad  hearings  in  1915  some  particulars  were  put  in 
evidence  as  to  the  place.  The  population  is  now  about  1,500.  It  was 
933  in  the  census  of  1910.  The  taxable  valuation  of  real  and  personal 
property  is  $240,000.  Warroad  has  two  banks,  with  capital  stock 
respectively  of  $15,000  and  $20,000.  It  is  on  the  main  line  of  the 
Canadian  Northern  Railway,  and  the  terminus  of  a  branch  of  the 
Great  Northern  Railway.  The  town  possesses  its  own  municipal 
electric  light  plant,  water  works  and  sewerage  system.  Its  bonded 
indebtedness  is  $37,500. 

At  the  hearing  at  International  Falls  in  1915,  it  was  stated  that  the 
population  of  Fort  Frances,  Ontario,  is  from  3,000  to  3,500.  It  con- 
tains a  number  of  industries,  including  large  pulp  and  paper  mills. 
Pithers  Point  has  recently  been  handed  over  to  the  town  by  the  Gov- 
ernment of  Ontario  as  a  municipal  park.  Fort  Frances  was  incor- 
porated as  a  town  in  1903. 

No  information  was  furnished  at  the  hearings  in  regard  to  the 
town  of  International  Falls.  From  other  sources  it  appears  that  it 
was  incorporated  as  a  village  in  1912,  its  first  settlement  dating  back 
about  25  years.  Until  a  few  years  ago  it  was  known  as  Koochiching, 
the  name  later  applied  to  the  township  and  county  in  which  Inter- 
national Falls  lies.    Large  pulp  and  paper  mills  are  also  located  here. 

Other  smaller  communities  on  the  United  States  side  are  Swift, 
Arnesen,  Lude,  Concord,  Zippel,  all  on  the  Lake  of  the  Woods ;  and 
Baudette,  Spooner,  Clementson,  Central,  Border,  Frontier,  Birch- 
dale,  Manitou,  Indus,  Loman,  Laurel,  Pelland,  and  Ranier,  on  Rainy 
River — the  last  named  being  situated  at  the  point  where  the  river 
emerges  from  Rainy  Lake.    On  the  Canadian  side  of  Rainy  River  are 


PINAL  BEPOET  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      145 

» 

Bainy  River,  Rapid  River,  Sleemans,  Pinewood,  Stratton,  Boucher- 
ville,  Barwick,  Emo,  Aylesworth,  Big  Fork,  and  Roddick. 

Of  the  land  area  in  the  Lake  of  the  Woods  region,  about  8,500 
square  miles,  or  37  per  cent  of  the  total,  consists  of  arable  or  semi- 
arable  land,  most  of  it,  however,  requiring  drainage.  A  very  small 
proportion  of  the  total  area,  consisting  mainly  of  narrow  strips 
along  the  lakes  and  rivers,  is  under  cultivation.  There  is  reason  to 
anticipate,  however,  that  much  more  extensive  areas  will  in  time  be 
brought  under  cultivation.  A  large  part  of  the  most  fertile  land  of 
America  was  once  covered  with  forests.  Most  land  that  can  support 
heavy  growths  of  deciduous  and  coniferous  trees  can  also  support 
big  crops  of  other  kinds,  if  properly  prepared. 

The  conditions  met  in  clearing  lands  for  cultivation,  and  the 
methods  feasible  in  northern  Minnesota,  have  been  discussed  by  A.  J. 
McGuire  in  Bulletin  134  of  the  Agriculture  Experiment  Station, 
University  of  Minnesota.  Reference  may  also  be  made  to  Bulletin 
No.  163  of  the  same  department,  containing  a  report  by  M.  J.  Thomp- 
son on  "  Investigations  in  cost  and  methods  of  clearing  lands." 

In  spite  of  the  physical  and  other  difficulties,  the  comparatively  low 
price  of  uncleare<l  lands  in  this  region  has  induced  many  settlers  to 
locate  here  and  gradually  transform  their  holdings  into  pro^Mrous 
fanna  Log  cabins  or  small  frame  houses  surrounded  by  clMred 
patches  along  the  railways,  navigable  streams,  or  main  roMk»  nuurk 
the  beginnings  of  agricultural  comnmnities.  The  piles  of  tiM,  pokti 
post.s,  and  cordwoo<i  at  every  railway  siding  indicate  the  extent  to 
which  the  by-products  of  land  clearings  are  placed  upon  the  markai. 

In  the  older  communities  the  diniciiltioB  attendant  m\kh\  settleinent 
in  a  forested  region  are  not  now  apparent  liordering  upoo  the 
south  shore  of  the  Lake  of  the  Woods,  and  Uie  Canadian  bank  oi 
Rainy  River,  are  farms  which,  with  their  open  meedowa,  gvovet, 
and  well-kept  buildings  coiupare  favorably  with  any  otlier  agrienl* 
tural  n^gion  of  the  same  latitude.  The  soil  is  of  laciuitriue  origin 
enriched  by  the  humus  formed  through  otMtturios  of  foraat  growth. 
In  certain  Im-alities,  deposits  of  a  subetanoe  reaenbling  marl  are 
found.  The  small  graiuK  yield  well  where  grown,  but  the  actvage  it 
not  sufficient  to  aggregate  any  large  total  pnxluction.  The  aoil  ia 
beat  fitted  for  the  growth  of  forage  and  root  crops.  The  hmd  pro- 
duces clover  abundantly.  All  root  cropa,  partictilarly  potatoea,  car* 
rota,  rutabagaa,  and  mangels  are  productiTe.  On  page  47  of  the 
Warroed  heerings,  September,  1915,  Mr.  A.  Bl  Landby  aUled  that 
from  8  acres  he  had  harvested  600  bnahels  of  potUoea.  Although 
not  primarily  n  com  country,  the  early  varieties  and  fbddar 
have  been  succewifully  raised  in  the  Lake  of  the  Woods 


146      FINAL  REPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

The  growth  of  fruit  trees  here  is  still  in  an  experimental  stage, 
although  the  bush  fruits  do  very  well. 

These  forested  lands  are  exceptionally  well  fitted  for  dairy  farming 
and  stockraising.  After  clearing  from  standing  timber  and  brush, 
excellent  pasturage  may  be  provided  by  seeding  down  with  tame  hay, 
alsike,  or  clover.  By  pasturing  in  this  way  for  several  years  the 
stumps  and  roots  become  rotten  and  are  removed  with  much  less 
labor.  For  these'  lands  the  agricultural  experimental  stations  advise 
the  feeding  of  the  general  crops  on  the  farm  and  the  marketing  of 
dairy  products  and  stock.  By  this  system  the  immediate  clearing  of 
a  large  area  for  crop  production  becomes  unnecessary. 

In  tlie  swamps  tributary  to  the  Lake  of  the  Woods  are  large 
areas  of  peat  lands.  The  manner  in  which  such  lands  may  be  profit- 
ably utilized  has  been  the  subject  of  much  investigation  at  home  and 
abroad.  It  has  been  found  that  peat  soils  will  produce  satisfactory 
crops  of  forage  plants,  small  gi-ains,  and  ordinary  vegetables  when 
suitable  drainage,  cultivation,  and  proper  fertilization  are  employed, 
«nd  when  climatic  conditions  are  favorable.  Professor  E.  J.  Alway  ^ 
discusses  very  fully  the  profitable  use  of  these  peat  lands,  and  in 
his  experimental  work  relating  to  peat  soils  has  taken  samples  in 
the  Minnesota  portion  of  the  Lake  of  the  Woods  watershed,  at  prac- 
tically all  points  touched  by  railways.  Relative  to  the  peat  soils 
in  general,  he  states  that  all  are  lacking  in  potash  but  are  well 
supplied  with  nitrogen,  and  that  the  majority  lack  phosphates.  In 
regard  to  the  northern  edge  of  Minnesota,  he  states  that  the  peat 
soils  may  generally  be  depended  upon  as  being  of  a  good  character, 
well  supplied  with  lime.  His  investigations  have  shown  the  large 
bogs  to  be  particularly  well  supplied  with  lime,  while  the  small  ones 
are  deficient  or  commonly  termed  "  sour." 

When  the  peat  is  from  1  to  2  feet  thick  it  may  be  farmed  as  ordi- 
nary soil.  When  deeper  than  3  feet  it  is  known  as  deep  peat  and 
must  be  cultivated  and  fertilized  by  proper  methods.  In  certain 
localities  depths  of  peat  up  to  12  feet  have  been  obtained.  The  utili- 
zation of  peat  as  a  fuel  in  the  Lake  of  the  Woods  region  is  not, 
however,  at  present  practicable  on  account  of  lack  of  market  and 
competition  with  coal. 

The  problems  of  drainage,  roads,  and  settlement  in  the  Lake  of  the 
Woods  region  are  so  interrelated  that  no  one  of  them  can  be  fully 
discussed  without  a  reference  to  the  other  two.  Settlement  without 
drainage  and  passable  roads  can  only  take  place  along  the  high  banks 
of  the  streams  where  for  several  miles  back  there  is  a  firm  dry  sub- 
soil. Drainage  is  not  warranted  unless  there  is  a  sufficient  demand 
from  actual  or  prospective  settlers.    Roads  can  not  be  constructed 

^  Chief,  division  of  soils,  Agrlcultiiral  Experiment  Station,  University  of  Minnesota. 


PINAL  EEPOKT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      147 

unless  means  of  draining  them  can  be  provided  at  the  same  time. 
Drainage  is  perhaps  of  primary  importance,  since  now  no  ditch,  in 
northern  Minnesota,  at  least,  is  permitted  without  the  formation  of 
a  road  embankment  from  one  of  the  spoil  banks. 

Tributary  to  the  Lake  of  the  Woods  and  Rainy  River  there  are 
approximately  3,000  square  miles  of  swamp  land.  This  area  is  now 
or  in  the  future  will  be  artificially  drained  directly  or  indirectly 
into  the  Lake  of  the  Woods.  For  administration  purposes  the 
drainage  ditches  of  Minnesota  are  divided  into  three  classes,  namely, 
state,  judicial,  and  county  ditches.  At  the  present  time  only  judicial 
and  county  ditches  drain  directly  into  the  Lake  of  the  Woods.  There 
are  several  state  ditches  on  the  watershed  which  drain  indirecti}* 
into  the  lake  through  its  tributary  streams.  The  construction  of  a 
state  ditch  is  under  the  supervision  of  the  State  Drainage  Commis- 
sion and  in  accordance  with  the  state  drainage  laws. 

County  ditches  are  built  under  the  supervision  of  the  county 
commissioners  of  the  county  wherein  they  are  located.  Judicial 
ditches  are  built  under  the  jurisdiction- of  the  judge  of  the  district 
court,  and  may  or  may  not  be  entirely  within  one  county. 

Under  the  Volstead  federal  drainage  law  all  unentered  federal 
lands  and  entered  federal  lands  for  which  no  final  certificate  has 
been  issued  are  subject  to  the  laws  of  the  state  relating  to  the  drain- 
age of  swamp  or  overflowed  lands,  the  same  as  privately  owned  lands. 
Both  state  and  federal  owned  lands  arc  benefited  by  the  various 
drainage  systems  of  Minnesota.  In  homesteading  drained  federal 
land  the  settler  assumes  the  ditch  assessment  in  addition  to  niMCuig 
the  homestead  requirements.    State  lands  are  sold  at  niH'tiun. 

The  operation  of  the  ditch  system  of  northern  Minnesota  is  not 
adversely  affected  by  any  particular  level  of  the  Lake  of  the  Woods. 
In  the  final  hearings,  1916,  pages  874-375,  Colonel  l£asoD  M.  Patrick 
well  stated  the  effect  of  any  given  level  of  a  body  of  water  u|)on  a 
ditch  which  enters  it  on  the  gradient  of  the  surrounding  shore.  Us 
said : 


Aa  I  undcrstund,  the  queittlona  ttavc  btvii  (llrectod  to  th«M  wUmmm*  to 
oacertflln  what  would  hv  tlic  ofToct  tiintn  tito  HyHtem  of  drnlimco  ditrhoa  If  the 
level  of  the  l>«Nly  of  water  Into  widtii  they  ultimately  drain  atumld  b*  placed 
at  any  imrthiihir  elevation,  and  na  to  where  the  alUlns  would  takv  place  la 
the  ditchea,  and  what  ItM  effwt  would  lie. 

On  the  ayateni  Bf«uernlly,  I  think.  It  Koee  without  Murtmc  that  wheiwer  a 
•troam  of  water,  whether  fnun  a  nnturnt  chaanel  or  from  a  ditch,  entafsqnlel 
water.  If  the  flowing  xtrenn)  lH>nn(  ntntter  In  auipenslon  It  will  be  dtpoalla^ 
and  that  depoult  will  tMvtjr  to  a  Bn«ater  or  \tm  extent.  ile|tenttlng  vpoa  the 
amount  of  auatiendiMl  matter.  If  the  bottom  of  the  ditrh  la  placed  at  a  par* 
tUMilnr  elevation,  and  with  the  aaaumptlon  that  the  bed  of  ihe  atlll-wator  lako 
Into  which  the  ditch  Howa  haa  quit*  a  lengthy  alope— that.  I  do  noC  IhH*.  ww 
quite  brought  out  by  the  wltPiwea  hero— the  depodt  will  take  place  larfti/  la 


148       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

the  still  water  first,  and,  as  that  builds  up  and  checks  the  flow  In  the  ditch  or 
stream,  that  will  go  back  until  it  reaches  a  point  where  the  fall  is  sufficient 
for  the  water  to  carry  the  material  farther ;  but,  if  the  level  of  the  lake  itself 
Is  raised  to  any  extent  whatever,  It  is  merely  the  transferring  of  that  point 
of  emergence  of  the  flowing  stream  from  one  position  on  the  border  of  the  lake 
at  a  certain  level  to  another  position  farther  back,  and  the  same  state  of  affairs 
exists. 

Mr.  Powell,  Assuming  you  are  following  it  up  from  the  mouth  of  the 
ditch,  and  you  have  the  level  of  the  bed  of  the  ditch  3  feet  above  the  level  of 
the  lake,  you  start  In  on  the  level  of  the  lake  and  you  follow  your  ditch  till 
the  grade  carries  you  3  feet  high ;  about  that  point  all  possible  Injury  to  the 
system  above  would  cease? 

Colonel  Patkick.  I  think  you  can  say  that,  to  the  lands  lying  about  that  water 
It  would  be  no  detriment — any  silting  that  would  take  place. 

Mr.  Powell.  In  estimating  the  damage  that  would  be  done  to  the  drainage 
system,  you  would  confine  yourself  to  that  point — whether  it  be  three  or  four 
feet  or  two  feet  and  n  half — you  would  confine  yourself  to  the  lowlands  be- 
tween the  margin  of  the  lake  and  that  point;  that  is  the  only  Injury  that 
would  be  done? 

CJolonel  Patrick.  I  would  like  to  answer  it  In  this  way  :  That  in  estimating  the 
damage  that  would  be  done  to  the  drainage  system,  I  would  consider  nil  dam- 
age that  was  done,  but  In  general  terms  I  would  be  Inclined  to  believe  there 
would  be  no  damage  above  that  point  and  all  the  damage  would  be  to  the 
low-lying  land. 

Mr.  Powell.  Taking  into  account  the  damage  to  the  drainage  system,  you 
would  not  consider  anything  above  that  system? 

Colonel  Patrick.  I  would  not  consider  It  necessary  to  do  so. 

The  following  table  gives  the  drainage  statistics  relating  to  county 
and  judicial  ditches  in  northern  Minnesota,  as  presented  in  the  1918 
report  of  the  State  Drainage  Commission : 


County. 


Ditches  com- 
pleted or 
ander  con- 
struction. 


Average  price 

paid  con- 
tractors per 
cubic  yard. 


Average  cost 

per  acre  for 

land  benefited. 


Beltrami 

Koocliicbing 
Rcaeau 


ifUfi. 


463 

85 
147 


10.14 
.25 
.14 


$L89 
1.09 
1.31 


Since  1913  the  number  of  drainage  projects  has  increased  rapidly, 
so  that  the  number  of  miles  now  completed  and  under  construction 
would  greatly  exceed  the  figures  given  above. 

There  is  at  the  present  time  a  network  of  ditch  roads  in  the  north- 
ern portions  of  Beltrami  and  Koochiching  Counties.  Similar  work 
is  being  undertaken  on  the  Canadian  side  of  the  boundary.  These 
highways  are  sometimes  impassable  for  lack  of  bridges  or  during  wet 
seasons,  but  they  are  being  extended  and  improved  each  year.  In  the 
sparsely  settled  portions  of  Minnesota  the  Elwell  road  law  has  been 
of  material  assistance.    In  the  practical  working  out  of  this  law  a 


Plats  30. 


DRAINAUK  lUTlU   tiUtTll 


PINAL  BEPOET  OP  THE  INTEBNATIONAL  JOINT  COMMISSION.      149 

county  is  empowered  to  anticipate  the  state  road  and  bridge  fund 
which  will  become  available  in  the  future.  By  issuing  bonds,  one- 
half  of  which  are  backed  up  by  future  state  appropriations,  one- 
quarter  by  assessments  upon  benefited  lands,  and  oiM*-quarter  by  the 
county  at  large,  these  counties  have  undertaken  a  considerable  amount 
of  highway  construction.  In  Koochiching  County  alone,  entirely 
aside  from  the  ditch  roads,  165  miles  of  road  have  been  conalnictod 
in  accordance  with  the  Elwell  law,  under  the  general  supervision  of 
the  state  highway  commission. 

One  of  the  most  serious  problems  facing  the  highway  engineer  in 
the  Lake  of  the  Woods  watershed  is  drainage.  The  drainage  chan- 
nels provided  for  the  main  roads  may  be  sufficient  for  them  alone* 
but  when  the  surface  water  from  miles  of  tributary  township  roads 
is  at  a  later  date  led  into  them,  these  channels  will  prove  entirely 
inadequate.  Instead  of  charging  the  main  road  up  with  a  drainage 
project,  the  water  should  be  led  away  from  it  as  much  as  poasible 
through  other  channels,  so  as  to  allow  its  siibgrade  to  l>e<*onie  dry  and 
firm.  Very  satisfactory  roads  may  be  constructed  through  peat  bogs 
when  these  bogs  are  thoroughly  drained.  The  peat  embankment  is 
usually  surfaced  with  a  covering  of  sandy  loam  or  gravel,  which 
gives  a  firm,  stable  roadway.  In  certain  localities  considerable  ilif- 
ficulty  is  encountered  in  surfacing  clay  subgrades  on  account  of  the 
surfacing  material  mixing  with  the  clay. 

Although  traversed  or  skirtrd  by  all  three  of  the  great  Canadian 
transcontinental  niilways  and  connected  by  brunches  with  the  .Vmer- 
lean  trunk  lines,  the  I^akc  of  the  Woods  region,  broken  up  by  a  nei- 
work  of  lakes  aiul  rivers,  is  still  dependent  to  a  considerable  exISBl 
on  water  transportation,  particularly  in  the  mon*  irniote  di.itncts* 

Of  the  st^veral  railways,  the  Canadian  Pacific  was  first  construded. 
That  portion  of  the  main  line  between  F'ort  William  and  Wiimipeft 
was  completed  in  1HH2,  and  has  recently  been  doubletmckwl.  Tlie 
Canadian  Pacific  runs  north  of  the  watersluHl  for  the  n\wt  part,  but 
touches  the  I^ike  of  the  W(mm1s  at  Kenora.  The  (^anadian  Northern 
was  coniplete<l  from  Port  .\r(htu-  to  Winnipeg  in  1901.  It  rVM 
through  the  heart  of  the  Lake  of  the  Woods  regioiu  croaillf  lUioj 
Lake  to  Fort  Frances,  thence  along  the  north  bank  of  Rainy 
River  to  the  town  of  Rainy  River,  wheri'  it  crowtw  into  Mtnnevols 
and  around  the  south  shoiv  of  the  I^ake  of  the  W<kh1!*  to  Wnrroad.  A 
few  miles  northwest  of  that  town  it  again  rrtwMW  the  intcnialional 
boundary  on  its  way  to  Winnipeg.  The  National  TmiMictinlinenlal 
lies  altogether  outside  the  Lake  of  the  Woo<ls  waterKlietl.  but  ihe 
main  line  cnwses  the  Winnipt'g  River  at  Minnki.  ami  luuall  rfeaa* 
boats  connect  Minaki  with  Kenora.    The  main  line  runs  from  Wis- 


150      FINAL  EEPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

nipeg  to  Superior  Junction,  and  a  branch  from  there  to  Fort  Wil- 
liam. This  portion  of  the  National  Transcontinental  was  completed 
in  1909. 

On  the  United  States  side  of  the  watershed  a  branch  of  the  Great 
Northern  system,  built  in  1908,  connects  Warroad  with  Minneapolis; 
from  International  Falls  the  Minnesota  &  International  Railway, 
built  in  1907,  and  controlled  by  the  Northern  Pacific,  runs  to  Bemidji 
on  the  Great  Northern;  and  the  Duluth,  Rainy  Lake  &  Winnipeg 
Railway,  built  in  1907,  now  owned  and  operated  by  the  Canadian 
Northern,  connects  International  Falls  with  Duluth  and  Chicago. 


v.— WATER  STTPPLY  AND  SANITATION. 

Among  the  purposes  mentioned  in  the  ofRcial  reference  are  domes- 
tic and  sanitary  purposes.  In  considering  the  effect  of  regulating 
the  level  of  the  lake  it  was  learned  that  on  account  of  the  low  ele- 
vation of  the  ground  on  which  the  town  of  Warroad  stands  any 
increase  in  the  level  would  seriously  affect  the  sewerage  and  water- 
supply  systems  of  the  town.  With  a  view  to  having  an  authoritative 
statement  as  to  the  situation  at  Warroad,  the  commission  authorized 
its  consulting  engineers  to  employ  a  sanitary  engineer,  Mr.  L.  P. 
Wolff,  of  St.  Paul,  Minnesota,  to  make  a  complete  examination  on  the 
ground  and  report  to  the  commission.  Mr.  Wolff's  report  is  printed 
in  the  1916  hearings.  There  will  also  be  found  in  the  same  volume 
two  reports  of  the  Minnesota  State  Board  of  Health,  the  first  on 
sewerage  and  drainage  at  Warroad  and  the  second  on  the  Warroad 
water  supply.  At  the  various  hearings  testimony  was  also  obtained 
from  several  witnesses  on  the  same  questions.  The  1915  hearings 
also  contain  a  certain  amount  of  evidence  as  to  the  pollution  of  Rainy 
River  by  refuse  from  the  paper  mills  at  International  Falls.  This 
evidence  will  bo  found  at  pages  311,  81&-d20,  and  326-^28  of  the  1915 
hearings. 

In  regard  to  the  Warroad  situation,  it  may  be  explmined  that  the 
town  is  located  on  the  southwest  shore  of  the  Lake  of  tlie  Wooda,  at 
the  mouth  of  the  Warroad  River.  The  businesB  portion  of  the  town 
lies  to  the  north  of  the  river  and  is  built  upon  ground  which  has  a 
natural  elevation  of  from  1,066  to  1,068  feet  above  tea  levaL  Tha 
residence  district  is  located  on  both  banks,  and  practically  all  build* 
ings  are  above  an  elevation  of  1,068  sea-level  datum.  The  Warroad 
Sheet  (No.  10)  of  the  south-shore  surveys,  which  appean  in  tha 
Atlas  accompanying  the  Report  of  theConmiltingEnginetrtigivstthe 
essential  topographic  details  of  its  location.  From  thia  dieet  it  will 
1)0  noticed  that  back  from  the  north  bank  of  the  Warroad  River,  east 
of  the  ruilwny  tracks,  there  is  a  gradual  slope  northeasterly  to  the 
lako.  The  entire  remaining  portion  of  the  town  drains  directly  into 
the  river. 

Excavations  and  well  borings  imlioato  that  the  subsoil  fortnntiou 
consists  of  clay  to  a  considerable  depth.  With  a  donso  clay  such  r^ 
is  found  here,  and  a  ground  surface  from  4  to  G  foot  above  the  general 
water  level,  the  elevation  of  the  groimd  water  at  a  distance  from  tha 
shore,  say  up  to  several  blocks,  undoubtedly  is  dependent  both  on 

in 


152       FINAL  REPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

the  prevailing  lake  level  and  on  the  degree  of  saturation  of  the  soil 
from  rains.  On  the  date  of  the  investigation  by  the  State  Board  of 
Health  water  was  found  standing  in  the  undrained  cellar  of  the 
State  Bank  Building,  at  an  elevation  of  1,063.25.  The  lake  level  on 
that  date  was  1,060.3.  In  another  basement,  which  was  drained,  the 
water  stood  0.6  feet  below  the  floor,  at  an  elevation  of  1,062.5. 

In  1914  10-inch  sanitary  sewers  were  constructed  to  serve  the  busi- 
ness district,  and  some  of  the  business  houses  have  been  connected  to 
Ihem.  This  sewer  empties  into  Warroad  River,  as  should  all  future 
sewers,  on  account  of  the  proximity  and  better  protection  from  ice 
and  waves.  The  sewage  from  this  system  passes  through  a  settling 
tank  in  which  the  coarser  suspended  material  is  deposited,  the  efflu- 
ent passing  into  a  receiving  well,  from  which  it  is  discharged  by  an 
ejector  through  the  outlet  pipe  into  the  river.  The  elevation  of  the 
invert  of  the  inlet  pipe  entering  the  settling  tank  is  1058,  and  of  the 
invert  of  the  outlet  pipe  is  1062.6.  Relative  to  additional  sewage  dis- 
posal into  the  river  the  following  statement  is  made  in  the  report  of 
Mr.  J.  A.  Childs,  engineer  for  the  Minnesota  State  Board  of  Health, 
on  "  Sewerage  and  Drainage  at  Warroad  "  :^ 

In  addition  to  the  municipal  sewer  systrni,  several  of  the  residences  and 
other  buildings  on  l)oth  sides  of  the  river  are  provided  with  private  drains  and 
sewers  discharpinp  into  the  river.  Tlie  municipal  water  and  light  plant  is 
provided  with  a  private  sewer  with  an  outlet  into  the  Warroad  River  beneath 
the  Warroad  wharf.  The  public  school,  district  No.  12,  Roseau  CJounty,  is 
provided  with  a  system  which  discharges  into  the  Warroad  River  west  of  State 
Street.  The  sewage  from  botli  the  water  and  light  plant  and  the  school  build- 
ing is  passecl  through  septic  tanks.     *     ♦     • 

In  his  report  to  the  consulting  engineers  of  the  commission  ^  on 
the  sewage-disposal  problem  at  Warroad,  Mr.  Wolff  stated  that  in 
the  business  district  the  depth  of  the  main  sanitary  sewers  should 
not  be  less  than  9.5  feet  below  the  sidewalk  grade,  and  that  in  resi- 
dence districts  not  less  than  about  6.5  feet  below  the  street  grade. 
These  limitations,  as  Mr.  Wolff  has  stated,  would  give  a  free  dis- 
charge for  all  untreated  sewage  at  lake  elevations  of  less  than  1058 
sea-level  datum,  the  elevation  of  the  pipe,  which  at  present  dis- 
charges the  raw  sewage  into  the  settling  tank.  Should  the  present 
or  any  other  treatment  of  the  sewage  be  prescribed  the  elevation  of 
the  final  outlet  would,  without  a  lift,  necessarily  be  considerably 
lower  than  1058. 

From  Plate  125,  volume  of  Plates,  Report  of  Consulting  Engineers, 
it  is  evident  that  under  natural  conditions  during  the  past  23  years 
the  level  of  the  Lake  of  the  Woods  would  have  been  above  1058  for 
25  per  cent  of  the  time.    In  a  state  of  nature,  without  treating  the 

1  Lake  of  the  Woods  Hearings,  1916,  p.  303. 
•Idem,    p.   297. 


Plate  31. 


-a 

^'\ 

^^^ 

pO 

^pi^" 

ii 

WAUHUAD. 


FINAL  KEPORT  OF  THE  INTEENATIONAL  JOINT  COMMISSION.      153 

sewage,  a  lift  of  varying  heads  would  have  been  required  for  one- 
quarter  of  the  time.  If  the  sewage  were  treated,  the  operation  of  a 
lift  would  have  been  required  in  a  state  of  nature  from  70  to  80 
per  cent  of  the  time.  During  the  period  from  1893  to  1915,  the 
natural  levels  would  have  varied  within  the  extreme  limits  from 
1053  to  1061.  Within  a  longer  period,  the  range  extended  from  about 
1051  to  1062.5. 

In  order  to  avoid  the  lifting  of,  large  quantities  of  storm  water 
through  the  sanitary  sewer  outlets,  Mr.  Wolff  recommends  the  con- 
struction of  a  separate  storm-water  sewer  for  the  business  district 
and  a  system  of  surface  gutters  and  ditches,  following  the  surface  of 
the  ground,  for  the  residence  district.  The  elevation  of  the  invert 
of  the  outlet  of  the  storm  sewer  would  be  at  about  elevation  1062, 
consequently  not  requiring  a  lift. 

On  account  of  the  relatively  impervious  character  of  the  clay  sub- 
soil, drainage  of  basements  to  prevent  seepage  would  be  necessary 
under  natural  conditions  as  well  as  under  conditions  which  actually 
have  existed  during  the  past  23  years.  As  stated  before,  the  level  of 
the  ground  water  is  due  not  only  to  the  lake  level  but  to  the  precipi- 
tation and  the  upward  pressure  from  underground  sources,  which 
results  in  the  flowing  wells  of  this  locality.  In  his  report  Mr.  Wolff 
has  recommended  the  following  solution  for  the  basement-drainage 
problem : 

III  order  to  prevent  s(>i>|)ii;;f>  of  ;;roun«]  wiitor  Into  baseOMOUii  all  bMMNBti 
Hhould  be  underdraineil  by  i>lticlng  a  liiyrr  of  m-nvei  or  oCher  pofOW  BMIIirtal 
undrr  the  bam>nieiit  Ibwir  and  layliiK  two  or  iiiort>  lin<>s  of  drain  UlM  Mtibtddcd 
lit  the  Kravel.  Tlie  drain  tllit4  Mhould  dlN<-hnri:«  lulu  ii  kiiuiII  baatll,  frooi  which 
the  water  Hhoultl  dlwharKe  IhrouKh  u  trap  and  tmrk-water  valve  Into  the  howe 
coiiiKTtlon  to  the  xewer.  TIiIn  provision  for  the  renaivnl  of  ground  walar  It 
iiiiKle  necessary  primarily  on  acntunt  of  the  lurk  of  ^urfu(x>  dralniisv  and  the 
character  of  the  hoII,  and  should  be  luado  regardlucw  of  wbetticr  anj  rcgulatkio 
of  lake  levels  Is  adoi>ted  or  not. 

The  result,  then,  of  a  i*egulnted  level  higher  than  the  natunU 
level  would  be  to  increa.sc  the  average  lift  ami  to  a  small  extent  the 
volume  of  sewage  at  the  sower  outlets;  also,  p<M«iibIy,  to  caOM  06r- 
(ail)  private  parties  not  reached  by  the  (M*\ver  tu  inatail  and  opento 
small  lifts  of  some  nature.  As  far  ai«  the  sanitary  qUMtioo  alone  b 
concerned,  any  additional  installation  or  o|>«niting  coat  niinaMJtalail 
by  a  given  system  of  regulation,  «ner  and  alwvc  that  required  under 
natural  conditions.  w«)uld  U^  proi>erly  chargeable  to  the  project. 

A  general  system  for  futuri»  sanitary  scwere  covering  the  entire 
business  and  residence  districts  of  Warroad  has  bean  ootlined  in  the 
liefore-mentioned  report.  Any  adilitional  cost  upon  future  addi- 
tions  due  to  a  proptKstMl  syst^Mu  of  regulation  would  be  a)x>ut  propor- 
tional to  that  fotmd  for  the  existing  sytttem.    Assuming  a  populatioa 


154      PINAL  BEPOET  OP  THE  INTEBNATIONAL  JOINT  COMMISSION. 

of  1,600  and  various  ordinary  maximum  levels,  the  cost  of  pumping 
is  shown  in  the  following  table : 


Lake  level. 


Discharge 
per  day.> 


Kilowatt 
hoars  per 
annum. 


Cost  of 

power  per 

annum. 


Natural 

Ordinary  maximum  1,060.0 
Ordinary  maximum  1,061.0 
Ordinary  maximum  1,062.0 


OcUoru. 
200,000 
200,000 
220,000 
240.000 


8,288 
8,g70 
10,636 
12,432 


$331.62 
3fi9.16 
426.44 
497.28 


I  The  dlscharn  is  based  upon  about  60  gallons  per  capita  per  day  and  a  ground-water  flow  increasing 
ttom  100,000  gallons  per  day  at  the  natural  and  1,060  elevation  to  140,000  gallons  per  day  at  the  1,062  eleva- 
tloo. 

The  cost  figures  given  in  the  above  table  are  based  upon  the  replacing 
of  the  present  inefficient  ejector  by  a  centrifugal  pump  directly  con- 
nected to  a  vertical  motor.  The  details  relating  to  the  present  and 
recommended  lift  are  presented  in  Mr.  Wolff's  report. 

In  conclusion  the  report  states : 

First  On  account  of  the  topography  and  character  of  the  soil  the  construc- 
tion of  modern  buildings  with  Huitable  basements  will  require  the  installation 
of  an  adequate  system  of  sewers  and  the  underdraining  of  basement  floors. 

Second.  The  separate  system  of  sewerage  should  be  adopted,  sanitary  sewers 
being  provided  on  all  streets,  and  separate  storm-water  sewers  in  the  business 
district,  the  storm  water  in  other  districts  being  removed  by  means  of  open 
gutters  and  ditches. 

Third.  The  existing  sewers  cover  only  the  business  district,  including  Main 
and  Wabasha  Streets  between  Lake  and  McKenzie  Streets,  and  Lake  and 
McKenzie  Streets  between  Main  and  Wabasha  Streets. 

Fourth.  The  cost  of  construction  of  the  new  sewers  west  of  the  railroad,  both 
north  and  south  of  the  river,  will  not  be  appreciably  affected  by  either  of  the 
methods  of  regulating  the  lake  levels  considered. 

Fifth.  The  cost  of  operation  and  maintenance  of  the  existing  sewers  will  be 
increased  by  regulation  $70  to  $150  per  annum,  and  the  cost  of  operation  and 
maintenance  of  the  new  sewers  Indicated  on  the  map  In  each  of  the  districts 
west  of  the  railroad  would  be  increased  the  same  amount. 

Sixth.  The  cost  of  constructing  the  2  miles  of  new  sanitary  sewers  east  of  the 
railroad,  indicated  on  the  map,  would  not  be  materially  increased  by  regulation. 

Seventh.  The  cost  of  operating  and  maintaining  these  sewers  will  be  Increased 
from  $331,  with  natural  lake  level,  to  a  maximum  of  $497,  with  ordinary 
maximum  at  elevation  of  1,062.0. 

Eighth.  Finally,  in  the  determination  of  a  desirable  lake  level,  from  the 
viewpoint  of  the  village  of  Warroad,  will  depend  largely  upon  the  extent  to 
which  the  surface  may  be  flooded  by  extreme  high  water,  rather  than  upon  the 
cost  of  Installing  and  operating  a  system  of  sewerage. 

The  report  of  the  Minnesota  State  Board  of  Health  on  the  public 
water  supply  of  Warroad  has  stated  the  general  conditions  as 
follows : 

The  public  water  supply  of  Warroad  is  obtained  from  the  Warroad  River, 
approximately  half  a  mile  from  the  point  where  the  river  enters  the  Lake 
of  the  Woods.     The  intake  through  which  the  water  is  pumped  extends  a 


FINAL  EEPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      155 

distance  of  about  3  feet  into  the  river  from  tlie  river  side  of  the  manldpal 
wharf.  The  intalie  consists  of  a  10-Inch  corrugated  culvert,  provided  with 
a  screen,  through  which  the  water  flows  into  an  intake  well  located  approx- 
mately  16  feet  from  the  shore  line. 

The  pumps,  a  detailed  description  of  which  is  given  in  the  above 
report,  are  motor  driven,  the  current  being  furnished  by  the  mu- 
nicipal lighting  plant. 

In  regard  to  water  consumption  and  the  sanitary  aspect  of  the 
supply,  the  report  goes  on  to  state : 

The  water  is  pumped  Into  the  distribution  system  and  Into  a  40,000-Kallon 
elevated  steel  tank  located  on  a  90-foot  steel  tower.  The  distribution  system 
consists  of  approximately  3,700  to  4,000  feet  of  water  mains.  The  water  \a 
supplied  to  14  customers,  including  the  Canadian  Northern  Railway.  The 
present  pumpage  is  approximately  120,000  gallons  per  24  hoars.  Of  this 
amount  the  Canadian  Northern  Railway  consumes  approximately  80,000 
gallons.  About  30,000  gallons  per  day  are  needed  to  operate  the  municipal 
sewage  lift. 

The  sanitary  aspect  of  this  supply  is  exceedingly  poor.  The  Warroad 
River  is  known  to  be  polluted.  A  sewer  carrying  the  drainage  from  the 
pumping  station  and  electric-light  plant,  in  which  a  water-closet  Is  located. 
discharges  into  the  river  at  a  point  approximately  20  feet  above  the  water- 
works intake. 

The  outlet  of  the  municipal  sewer  system  Is  located  about  200  fdet  above  the 
Intake,  on  the  same  side  of  the  river.  Farther  upstream,  on  tbe  aame  tide. 
Is  the  outlet  of  the  school  house  sewer.  It  Is  stated  that  water  from  the 
public  supply  Is  not  used  for  drinking  (lunmsesw  However.  It  Is  supplied  to 
the  lavatories  in  the  public  school  bulldtnKS,  district  No.  12,  Roeeaa  Ooonty. 
and  to  the  Warroad  Hotel.  Small  children,  not  reell&Inx  tbe  danger,  iHiy 
drink  this  water  at  the  Hch<N)l.  as  may  also  guests  at  the  Warroad  Hotel. 

There  are  three  privately  owned  wells  in  Warroadf  from  which, 
in  general,  the  public  obtain  their  supply  of  drinking  water.  On* 
well,  which  is  of  the  flowing  type,  has  a  depth  of  110  feet  TIm 
second,  in  which  the  water  ri.ses  even  with  the  surface  of  the  ground, 
is  140  feet  deep.  The  third  is  a  shallow  well  of  20  feet  depth.  TIm 
field  investigations  of  the  Board  of  Health  indicated  that  these 
wells,  on  account  of  faulty  construction  at  the  surface,  were  open 
to  possible  contamination.  A  more  permanent  oonorete  lurftMe 
construction  was  recommended. 

As  to  the  attempts  to  obtain  a  municipal  supply  from  underground 
■ouroes,  the  following  is  quoted : 

Attempt*  have  been  made  to  secure  a  niunU'livil  water  supply  from  aa 
underground  source.  Two  O-iiioh  wells  have  b<HM)  drilled  a  tbort  diataoce 
■outh  of  the  pumping  Htntlon.  The  Aret  of  tbeoe  well*  was  oooetracted  In  1013. 
and  la  suted  to  be  ino  f(H>t  In  depth.  The  formatlona  encoontarad  In  drllllnf 
thia  well  were  clay,  28  feet,  and  the  bnlnnce  water>bearlng  qoldtaaiML  Tlie 
second  of  these  wells,  i<icnted  apprt>ximni«ly  12  fset  firoa  Cha  flret,  waa  eoii> 
structed  lo  11)14,  and  Is  stated  to  be  851  faet  In  depth.  The  fbrmatloM  an- 
countered  In  drilling  this  well  were  aa  foUowa:  OUy,  St  taC;  welai  litailai 
qulckaand.  187  fevt ;  water-bearing  floe  white  quarta  aaad,  40  flieC ;  llgnlted  coal. 


156       PINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

12  feet;  white  quartz  sand,  27  feet;  blue  clay,  12  feet,  to  the  bottom  of  the 
well.  The  water  In  each  of  these  wells  rises  to  the  surface  of  the  ground. 
Trouble  was  experienced  on  account  of  the  filling  of  the  wells  with  quiclisand. 
On  account  of  the  financial  conditions  of  the  village  no  serious  attempt  has 
been  made  to  develop  the  wells. 

Relative  to  the  effect  of  any  proposed  system  of  regulation  of  the 
levels  of  the  Lake  of  the  Woods,  upon  the  operation  and  quality 
of  any  private  or  public  water  supply,  the  report,  in  conclusion, 
states : 

1.  The  field  Investigation  and  analytical  results  indicate  tlie  water  obtained 
from  the  Warroad  River  to  be  unsafe  for  public  consumption.  They  also 
indicate  that  a  safe  water  supply  can  be  obtained  from  underground  sources. 

2.  The  maintenance  of  any  of  the  proposed  controlled  or  regulated  levels  in 
the  Lalce  of  tlie  WoimIs,  in  the  opiidon  of  this  division,  will  have  no  appreciable 
effect  on  the  oi)erution  and  maintenance  of  any  of  the  public  or  private  water 
supplies  or  on  the  sanitary  quality  of  the  water.     *     •     ♦ 

Because  of  its  relation  to  the  question  of  the  Lake  of  the  Woods 
levels,  something  may  be  properly  said  here  in  regard  to  the  appli- 
cation of  the  Greater  Winnipeg  Water  District  for  approval  of  the 
use  of  the  waters  of  Shoal  Lake  for  domestic  and  sanitary  pur- 
poses. This  application  was  filed  with  the  commission  on  Sep- 
tember 8,  1913.  On  January  13  and  14,  1914,  hearings  were  held 
at  Washington,  at  which  the  witnesses  and  counsel  for  all  the  inter- 
ested parties  were  heard.  The  commission,  on  January  14,  1914, 
decided  unanimously  to  grant  the  application,  subject  to  the  fol- 
lowing amongst  other  conditions: 

Tliat  the  water  so  to  l)e  diverted  from  Shoal  Lake  and  from  the  Lake  of 
the  Woods  be  not  used  for  other  than  domestic  and  sanitary  purposes;  that 
the  present  approval  and  permission  shall  in  no  way  Interfere  with  or  preju- 
dice the  rights,  if  any,  of  any  person,  corporation,  or  municipality  to  damages 
or  compensation  for  any  Injuries  due  In  whole  or  In  part  to  the  diversion 
po-mitted  and  approved  of;  and  that  the  quantity  of  water  so  taken  and 
diverted  shall  never  at  any  time  exceed  100,000,000  gallons  per  day :  And  pro- 
vided further,  That  the  present  permission  and  order  shall  not  be  invoked  or  re- 
lied upon  In  any  manner  against  the  recommendations  or  report  to  be  made  by 
the  commission  on  the  reference  to  it,  respecting  the  levels  of  the  Lake  of 
the  Woods,  and  shall  in  no  way  interfere  with  the  action  of  the  commission 
in  that  regard. 

The  project  of  constructing  an  aqueduct  from  Indian  Bay,  Shoal 
Lake,  to  the  city  of  Winnipeg  was  immediately  undertaken.  The 
sill  of  the  aqueduct  was  placed  at  1,050.82  sea-level  datum,  allow- 
ing a  flow  of  85,000,000  imperial  gallons  daily  at  a  minimum  lake 
stage  of  1,058.19. 

Shoal  Lake,  as  a  reference  to  the  Atlas  will  show,  is  separated 
from  the  western  shore  of  the  Lake  of  the  Woods  by  an  irregular 
peninsula.  Its  outlet  into  Ptarmigan  Bay  of  the  Lake  of  the  Woods 
is  through  the  Upper  and  Lower  Ash  Rapids,  which  are  separated  by 


Plats  33: 


a,  URKATKU   WlNNli'Kii    WATKIt    TKuJIUT. 


k,  tnOAL  LAIUI  BND  Or  CONDUIT. 


'4 


PINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      157 

Locke  Lake,  a  small  body  of  water  approximately  1,600  feet  long. 
These  rapids  were  a  considerable  hindrance  to  navigation,  which, 
it  is  imderstood,  was  fairly  active  following  the  opening  up  of 
mining  properties  around  Shoal  Lake.  At  the  present  time  there 
is  still  standing  in  the  channel  a  pier  by  means  of  which  at  cer- 
tain water  stages  boats  were  pulled  up  over  the  rapids.  In  ordtr 
to  improve  the  situation  the  crest  of  the  rock  ridge  at  Ash  Rspids 
was  removed  in  1912  by  the  Department  of  Public  Works,  Canada, 
in  the  interest  of  navigation.  On  July  14,  1911,  previous  to  the 
improvement,  the  Department  of  Public  Works  plans  show  a  fall  of 
1.2  feet  from  Shoal  Lake  to  the  Lake  of  the  Woods  with  the  latter 
lake  at  an  elevation  of  1,057.3,  sea-level  datum. 

Since  the  mining  days,  a  certain  amount  of  navigation  has  been 
carried  on  between  the  two  lakes.  The  early  navigators  have  stated 
that  at  times  there  was  a  strong  current  from  Shoal  I^ke  into  the 
Lake  of  the  Woods,  and  that  at  other  times  the  current  was  re- 
versed, depending,  of  course,  upon  the  relative  run-off  into  and 
outflow  from  each  body  of  water  at  the  given  time. 

The  area  of  Shoal  Lake  is  107  square  miles,  and  the  total  water- 
shed area,  including  the  lake  itself,  is  approximately  860  aquere 
miles.  The  average  annual  precipitation  to  be  exj^ected  over  a 
long  piM'iod  of  years  in  this  locality  is  approximately  22  inchee. 
Hased  upon  an  ultimate  draft  from  Shoal  Lake  of  85,000,000  im- 
perial  gallons  daily,  or  158  cubic  feet  per  second,  an  annual  run-off 
of  G  inches  from  the  Shoal  Lake  watershed  would  be  required  to 
furnish  the  supply.  From  the  records  obtaineil  from  tdniilar  areM 
it  appears  that  in  years  of  ordinary  or  low  precipitation,  if  the 
full  85,()00,0(X)  gallons  were  used  daily,  the  run-off  fn>ni  the  Shoal 
Lake  waterslied  would  not  be  sufficient.  During  tho«e  tiuMv  a  draft 
on  the  I^ke  of  the  Woods  would  be  made  to  supply  the  deflckney. 
That  the  profiosed  diversion  has  rt>Iatively  little  efftet  opOB  tim 
levels  of  the  I^ke  of  the  Woods  is  evident  when  U  it  wridired 
that  85,000,000  imperial  gallons  daily  for  one  ymr  would  requirv  a 
depth  of  only  1.42  inches  from  the  I^ke  of  the  Wooda.  Nevwtho* 
lees,  the  propoeed  diveraion  will  ultimately  reduce  th«  flow  of  tlM 
Winnipeg  River  by  about  lAO  c.  f.  a.   ■ 

At  the  time  of  the  application  the  Greater  Winnipef  Water  Db> 
trict  was  compoeed  of  the  following  citiee: 

PopaUtloB. 

Wlnnlpat 101.  OCT 

8L  Boniface 9,  IW 

Tranacooa 1«682 

AaalDlboia 6.000 

Fort  Onrry 8.000 


81.  VIUI 1.8IT 

K I Idoniin  .     -r---..-... S. Wt 


'^«-«  ti4.m 


158       FINAL  EEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

In  1901  the  population  of  this  territory  was  50,000  inhabitants. 
liy  the  time  the  aqueduct  is  completed  it  is  estimated  that  25,000,000 
gallons  daily  will  be  required  to  supply  from  85  to  100  gallons  per 
capita  to  230,000  to  270,000  population.  It  is  evident,  then,  that  the 
full  capacity  of  the  aqueduct  will  not  be  utilized  for  a  long  time  to 
come.  When  this  time  does  come,  should  a  period  of  low  water  occur, 
the  installation  of  a  small  booster  pump  at  the  intake  could  easily  lift 
the  balance  not  supplied  at  the  given  level.  The  provision  for  an 
aqueduct  capacity  of  85,000,000  gallons  was,  in  the  opinion  of  the 
consulting  engineers,  providing  for  as  much  future  growth  as  the 
present  city  could  afford  to  finance. 


VI.— AGEICTTLTTTEE. 

Agriculture  in  the  Lake  of  the  Woods  region  may  be  said  to  have 
had  its  aboriginal  phase,  like  most  of  the  other  interests  dealt  with 
in  this  report.  The  Indians  who  inhabited  the  region  both  before 
and  after  the  coming  of  the  white  man  did  not  practice  agriculture 
in  anything  like  the  sense  that  it  was  practiced  by  the  Mandans  and 
some  of  the  other  tribes  of  the  western  plains,  but  they  had  one  cn^, 
which  to  them  was  of  vital  importance,  the  wild  rice  {Zizania  aqua- 
tica).  These  Indians  at  least  could  reap  where  they  had  not  sown, 
for  nature  provided  the  crop,  and  all  they  had  to  do  was  to  gather 
it  in.  Of  such  vital  importance  to  them  was,  indeed,  the  possession 
of  their  wild-rice  fields  that  it  is  given  as  one  of  the  chief  causes  of 
<he  wars  between  the  Chippewa  and  the  Dakota,  Foxes,  and  other 
tribes.  The  Chippewa  not  only  depended  upon  wild  rice  for  Uieir 
subsistence  long  before  the  advent  of  white  traders  and  ezploran, 
but,  according  to  Jenks,^  as  late  as  1900,  some  10,000  Chippewa  in 
the  United  States  still  gathered  it  as  one  of  their  principal  food 
supplies. 

The  first  mention  we  find  of  wild  rice  in  connection  with  the  Lake 
of  the  Woods  itself  is  in  the  memoir  of  La  V^rendrye,  dated  Sep- 
tember 28,  1733,  and  addressed  to  the  Marquis  de  BeauhamoiSf  gor- 
ernor  of  New  France.  In  this,  referring  to  Fort  St  Charles,  on 
what  is  now  known  as  Northwest  Angle  Inlet)'  he  says: 

Wlid  oatM  frrow  In  Krent  quantities,  and  a«  ttie  land  there  Is  food  Sleur  do  la 
Vfininderie  hud  it  burned  over  to  clear  It.  The  wild  oata  enabled  hln  to 
Have  tliu  wheat  he  had  brouKht.  aud  he  will  not  ba  ciblliCMl  In  the  fttturw  lo 
bring  any  from  MlHiiilinialcinac. 

Elsewhere  he  says,  speaking  of  tiiv  nativea  about  the  fort  wht>  wen* 
starving  because  of  tlie  temporary  failure  of  their  fiaheriea: 

In  thiH  extreme  ne«>«l  of  tUeini  1  made  over  to  thciu  itie  fl«ld  uf  lutllan  com 
which  I  hud  8owe<l  in  the  Hprlni;  and  which  wiM  tkoi  eutlrvl>  ripa.  Oitr  hired 
men  uIho  got  wliat  they  eould  out  of  It.  The  eavafiB  thanked  uie  freatly  fbr 
the  relief  I  hud  thus  affordeil  them.  The  MtwIng  of  h  buabol  of  peaa  aflW  we 
hud  been  eatinR  them  Rreen  for  a  Iouk  time  inive  um  10  budMli;  whldl  I  had 
■own  the  following  sprinK  with  Hume  Indian  com.  Bjr  dint  of  eoUdtatloaa  I 
induced  two  Indian  famllieii  to  m>w  corn,  and  I  hope  that  the  conflMt  they 
derived  from  it  will  lead  others  to  fuUow  Uielr  example. 

Those  extracts  arc  particularly  interesting,  not  so  much  in  their 
relation  to  wild  rice  as  in  being  tlie  first  record  of  the  aetnal  eulli- 
vation  of  the  soil  in  the  Lake  of  the  Woods  region. 

>A.  ■.  Jfoka.  Ti     u  r,  of  u«  Dpptr  Latae.    Bama  •(  iJMrtaa 

Bthaologjr  Report,  i 
•  Jooraaia  of  La  \v.-i~.,.,  ^....^,  ,.,  i^wrMC*  J.  BviyM.    CUaplala  Spdety. 
108089— IT 11  IM 


160       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

Daniel  Williams  Harmon,  whose  journal  ^  has  elsewhere  been  re- 
ferred to,  notes  in  connection  with  his  visit  to  Rainy  Lake  Fort  in 
the  year  1800: 

In  the  vicinity  a  considerable  quantity  of  wild  rice  is  gathered  by  the 
natlvex,  who  are  Chlppeways.  This  is  thought  to  be  nearly  us  nourishing  as 
the  real  rice  and  almost  as  palatable.  The  kernel  of  the  former  Is  rather 
longer  timn  that  of  thi?  latter  and  is  of  a  brownish  color. 

Speaking  elsewhere  of  Rainy  Lake  and  the  waters  flowing  out  of  it 
he  says : 

On  the  margin  of  the  waters  which  connect  this  lake  with  the  Great  Wlni- 
plck  Lake,  the  wild  rice  is  found  of  which  I  have  spoken  on  a  foiTner  occasion. 
This  useful  grain  Is  produced  In  no  other  part  of  the  northwest  country; 
though  Carver  erroneously  states  that  it  is  found  everywhere.  It  grows  in 
water  about  2  feet  deep  where  there  is  a  rich  muddy  bottom.  It  rises  to  more 
than  8  feet  above  the  water,  and  In  appearance  bears  a  considerable  resemblance 
to  oats.  It  Is  gathei-etl  about  the  latter  end  of  September  in  the  rollowlng 
manner:  The  natives  pass  in  among  it  in  canoes.  Each  canoe  has  in  It  two 
persons,  one  of  whom  Is  In  each  end,  with  a  long,  hooked  stick  in  one  hand 
and  a  straight  f>ne  In  the  other.  With  the  hooked  stick  he  brings  the  heads 
of  grain  over  the  canoe  and  holds  it  there  while  with  the  other  he  beats  It 
out.  When  the  canoe  is  thus  sutliciently  loaded  it  is  taken  to  the  shore  and 
emptied.  This  mode  of  gathering  the  wild  rice  Is  evidently  more  simple  and 
convenient  than  that  which  was  practiced  In  Carver's  day.  This  grain  is 
gathered  in  such  quantities  In  this  region  that  in  ordinary  seasons  the  North- 
west Company  purchase  annually  from  twelve  to  fifteen  hundred  bushels  of  It 
from  the  natives,  and  It  constitutes  a  principal  article  of  food  at  the  posts  in 
(his  vicinity. 

Alexander  Henry  *  stopped  at  an  Indian  village  at  the  mouth  of 
Rainy  River,  on  his  way  to  the  west  in  1775.  The  Chippewa  pre- 
sented him  with  provisions,  and  he  in  return  gave  them  a  present  of 
gunpowder,  shot,  and  a  keg  of  rum. 

In  a  short  time  the  men  began  to  drink,  while  the  women  brought  me  a  further 
and  very  valuable  present  of  20  bags  of  rice.  This  I  returned  with  goods  and 
rum,  and  at  the  same  time  offered  more  for  au  additional  qaantity  of  rice.  A 
trade  was  opened,  the  women  bartering  rice  while  the  men  were  drinking.  Be- 
fore morning  I  had  purchased  a  hundred  bags  of  nearly  a  bushel  each.  Without 
a  large  quantity  of  rice  the  voyage  could  not  have  been  prosecuted  to  its  com- 
pletion. The  canoes,  as  I  have  already  observetl,  are  not  large  enough  to  carry 
provisions,  leaving  mereliandlse  wholly  out  of  the  question.  The  rice  grows  in 
shoal  water  and  the  Indians  gather  it  by  shaking  the  ears  into  their  canoes. 

Peter  Grant  who,  as  elsewhere  mentioned,  was  in  charge  of  the 
trading  post  on  Rainy  River  about  1799,  says '  of  the  river : 

Its  course  runs  northwest  through  a  flat  country  which  could  be  cultivated 
to  advantage;  Indian  corn,  melons,  cucumbers,  and  all  our  garden  vegetables 
thrive  to  perfection  in  its  vicinity. 

» Journal  of  Voyages  and  Travels,  rep.  1903,  p.  19. 
*  Travels  and  Adventures  in  Canada  and  the  Indian  Territories,  p.  242. 
'  "  The    Sauteux    Indians "    in    Masson's    Bourgeois    de    la    Compagnle    du    Nord-ouest, 
II,  p.  811. 


Plats  S. 


SOUTH  8B0RK  FARM. 


FINAL  BEPOBT  OF  THE  INTEENATIONAL  JOINT  COMMISSION.       161 

Alexander  Mackenzie,^  writing  about  the  same  time,  says: 

Though  the  soil  at  the  fort  (Rainy  Lake)  is  a  stiff  clay,  there  Is  a  fUtleo 
wMch  unassisted  as  it  is  by  manure  or  any  particnilar  attention  is  totarably 
productive. 

Gabriel  Franchfere '  in  his  overland  journey  from  the  mouth  of  the 
Columbia  to  Montreal  in  1814,  spent  a  night  at  Rainy  Lake  Honse, 
where  he  says,  "  We  saw  here  cultivated  fields  and  domestic  animals 
such  as  horses,  oxen,  cows,  etc." 

Keating^  visited  the  Hudson's  Bay  Company's  post  on  Rainy  Riiner 
in  1823.  "  The  soil,"  he  says,  "  is  rather  light,  but  in  the  imme- 
diate vicinity  of  the  fort  is  excellent;  potatoes  and  wheat  are  culti- 
vated, together  with  maize,  peas,  beans,  pumpkin,  water  and  musk- 
melons,  etc." 

Captain  Back,*  on  his  way  to  explore  the  Arctic  coast,  also  paid  a 
flying  visit  to  the  Hudson's  Bay  Company's  post  on  Rainy  River  in 
1833,  and  from  his  narrative  we  leam  that  the  wild  rice  crop,  gen- 
erally abundant  at  this  solitary  trading  establishment,  was  a  failure 
in  that  year. 

Paul  Kane'  writes  that  in  1845  a  little  grain  was  grown  in  the 
vicinity  of  Fort  Frances  ''  this  being  the  first  land  I  had  seen  fit  for 
agricultural  purposes,  since  I  had  left  Fort  William."  Threading 
his  way  through  the  innumerable  islands  of  the  Lake  of  the  Woods, 
on  his  return  journey,  he  says: 

We  saw  In  one  of  them  about  8  acres  of  cultivsted  com.  the  only  lastsoes 
of  the  kind  I  have  seen  since  I  left  Norway  House.  Thsr«  Is  snodwr  Istaad 
called  Garden  Island,  which  luy  to  the  west  of  uur  route,  about  6  mliss  loog 
and  about  3  wide,  on  which  I  was  told  some  Indians  raised  yearly  a  ttm  batlwls 
of  corn  and  potatoes. 

Captain  Huyshe,'  a  member  of  the  military  expedition  of  1870 
against  Louis  Riel,  was,  with  Colonel  Wolsoley,  the  guest  of  the  Hud- 
son's Bay  Company's  agent  at  Fort  Fraucei>,  aiul  in  his  narraiive  of 
the  expedition  expressed  his  gratitude  to  the  agent  for  **  allowing  us  to 
have  the  run  of  our  teeth  in  his  garden,  so  that  during  our  sU^  of  At* 
days  we  revelled  in  gi*ecn  peas^  yoimg  potatoes,  and  ctbbsgsii  BQil 
agreeable  antidotes  to  the  scorbutic  twidencies  of  salt  pork.**  Sb 
adds  that  the  agent  "  had  a  few  acres  of  whsst,  barlsy,  and  Indian 
oorn  all  of  which  looked  remarkably  w«ll;  the  wbtst  was  rsadjr  for 
Ihs  siokle,  and  the  grain  fine  and  full  (this  was  in  August).  Whsot 
k  town  here  about  tlie  Ust  week  in  April,  and  takes  about  90  dsja 

***OsMtsl  Ilt«t«i7  or  til*  F«r  TnkK**  la  Vey««M  frssi  Msalfml  TIWMi^  Ikt  Om> 
UsMit  of  Morth  Aavrks.    XCtV. 
manaHv*  of  ■  Vofsg*  ut  tb*  Northvoat  OMSt  of  Atmttm,  p.  SSa 
•  Nsirattv*  of  as  Bipsdltloa  to  ib*  Sowr»  of  St  THtn  ttt«r. 
'«Ai«tte  liSaS  «i9«sraoa.  p.  40. 

»  WaaSirtsia  of  sa  -AaMst  kmrng  Ifcs  Istlssa  st  HtMk  liirtis.  »^  SS. 
•At  B*<1  RtTt>r  SiflSIMw.  y.  ISS. 


162       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

to  come  to  maturity.  Potatoes,  sown  about  the  8th  of  May,  were 
fit  for  the  table  when  we  arrived.  There  were  no  pigs,  sheep,  or 
fowls,  but  about  20  head  of  cattle,  3  of  which  we  bought  for  the  use 
of  the  troops." 

George  M.  Grant,^  in  his  narrative  of  Sandford  Fleming's  expe- 
dition overland  to  the  Pacific  in  1872,  also  has  something  to  say 
about  agriculture  at  Fort  Frances : 

A  sandy  plain  of  several  acres,  covered  with  rich  grass,  extends  around  the 
fort,  and  wheat,  barley,  and  potatoes  are  raised ;  but  beyond  this  plain  Is  marsh 
and  then  rock.  A  few  fine  cattle.  In  splendid  condition,  were  found  grazing 
iiix)n  the  level.  On  the  potato  leaves  we  found  the  "Colorado  Bug,"  that 
frightful  pest  which  seetns  to  be  moving  farther  east  every  year. 

Grant  was  much  impressed  with  the  agricultural  possibilities  of 
Rainy  River.    He  says: 

The  land  Is  a  heavy  loam,  once  the  bed  of  the  river,  and  Is  called  "  muskeg  " 
here,  though,  as  that  Is  the  name  u.sually  given  to  ancient  peat  bogs,  or  tama- 
rack swamps  abounding  In  springs,  It  Is  not  very  appropriate.  The  time  will 
come  when  every  acre  of  these  banks  of  Rainy  River  will  be  waving  with 
grain  or  producing  rich  heavy  grass  for  countless  herds  of  cattle. 

At  the  heapings  held  in  1912,  1915,  and  1916  a  great  deal  of  testi- 
mony was  obtained  as  to  the  agricultural  intere.sts  about  the  shores 
of  the  Lake  of  the  Woods  and  Rainy  River,  which  will  be  found  in 
the  three  volumes  referred  to  in  preceding  chapters.  This  testimony, 
together  with  the  two  series  of  affidavits  filed  in  the  State  Depart- 
ment at  Washington  by  the  Lake  of  the  Woods  and  Rainy  Lake  River 
Low  Water  Association,  represent  the  views  of  the  farmers,  particu- 
larly on  the  United  States  side,  as  to  the  extent  and  value  of  their 
lands,  the  crops  raised  thereon,  and  the  effect  of  various  stages  of 
water  upon  their  property. 

The  following  particulars  are  taken  from  the  United  States  census 
report,  1910,  as  to  the  extent  and  value  of  agriculture  in  the  northern 
counties  of  Minnesota  bordering  on  the  Lake  of  the  Woods  and  Rainy 
River : 


Coanty. 


Approxl. 

Land in 
fanns. 

Improved 

Value  aU 

Land 

mate  land 

land  in 

farm 

value 

area. 

farms. 

property. 

alone. 

Attu. 

Aert*. 

Acrti. 

2,446,080 

223,764 

33,253 

$3,389,856 

$2,196,169 

958,720 

23,769 

1,568 

372,166 

288,920 

2,010,240 

73,245 

5,529 

1,028,563 

734,960 

1,343,360 

22,279 

2,381 

442,694 

252,535 

1,068,800 

315,106 

157,332 

6,135,882 

3,875,880 

4,161,920 

272,995 

41,111 

6,798,209 

4,093,676 

Popula- 
tion, 
1910. 


Beltrami 

Cook 

Kooctaloliing 

Lake 

Roseau 

St.  Louis 


19,337 
1,336 
6,431 
8,011 

11,338 
163,274 


It  may  be  noted  that  the  column  of  land  value  refers  to  the  value 
of  all  privately  owned  lands  in  farms,  including  both  improved  and 
imimproved  lands;  and  that  the  average  value  of  all  farm  lands  in 


1  Ocean  to  Ocean,  p.  60. 


FINAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSIOH.      163 

these  counties  is  between  $10  and  $15  an  acre.  A  comparison  of 
average  value  with  the  proportion  of  the  land  under  cultivation 
would  afford  an  estimate  of  the  value  of  such  lands.  As  to  the  areaff. 
the  statement,  of  course,  represents  the  total  acreage  in  the  counties. 
and  bears  no  relation  whatever  to  the  areas  of  the  agricultural  lands 
affected  by  any  stated  level  in  the  Lake  of  the  Woods.  Similarly,  as 
to  agricultural  lands  on  the  Canadian  side  of  these  international  wa- 
ters, it  appears  from  the  published  returns  of  the  census  of  Canada. 
1911,  that  the  total  area  of  occupied  agi-icultural  land  in  that  portion 
of  the  Thunder  Bay  and  Rainy  River  districts  lying  within  the  Lake 
of  the  Woods  watershed  is  268,509  acres.  Of  this  total  about  37J250 
acres  is  improved  land,  the  balance  unimproved.*  The  population  of 
the  region  is  38,000. 

The  evidence  as  to  land  values  along  the  south  shore  of  the  Lake 
of  the  Woods  was  conflicting.  The  owners  largely  fixed  the  value  of 
their  holdings  at  $100  per  acre.  It  seemed,  in  some  cases  at  least,  that 
there  was  considerable  sentiment  involved  in  determining  the  value. 
Mr.  Ralph,  the  engineer  who  made  land  surveys  in  this  district  over 
'20  years  ago,  stated '  that  these  low-lying  lands  were  worth  about  $80 
per  acre.  Where  subject  to  flooding,  however,  they  had  only  a  nomi- 
nal value,  which  he  placed  offhand  at  $5  per  acre.  The  testinMmy  of 
Mr.  Holdnhl,  of  Roseau  County,  who  has  resided  in  Roseai!,  the ooonty 
seat  (about  20  miles  west  of  Warroad),  for  the  past  SO  yeer«,  and  is 
11  n  agent  for  the  sale  of  lands,  was  based  upon  acttul  land  trans- 
n  ct  i  ons.    He  stated : 

Thore  are  fnmifl  trlbntarj'  to  Rosmo  with  gnoA  haildlnsii  oo  that  yoa 
••«)ulrt  not  hny  for  leiw  than  |7B  fttr  a<T«.  •  •  •  IniproT«Hl  fanm.  with 
rpfiKonnbly  poo<l  htilldlnxM,  and  cl«ir«d.  are  worth  all  th*  way  fron  |80  to 
.f7R  per  arre.  *  *  *  In  unltji  of  160  acres,  without  iinjr  balhllnca.  daaied 
of  bniHh,  either  pnrtly  In  hny  or  niMler  tho  plow.  viiIih»  of  im<*h  M^ttitB 
n  littlo  on  cllstanrc  from  town,  bnt  nil  the  way  from  IIS  to  fSft  p«r  arrv. 

Mr.  Iloldahl  said  his  knowledge  extends  to  lands  10  to  15  miles 
from  Roseau.  He  stated  that  it  costs  about  $25  to  $85  per  aen 
to  clear  land.  His  nearest  land  tran8acCi<m  to  Waxroad  was  17 
or  18  miles  distant,  and  it  occurred  three  jeart  aga  The  priee 
was  $26  per  acre.  It  was  the  same  diaraelv  of  land  aa  aboot  Hm 
lake. 

Tbtrt  waa  not  much  In  the  way  of  balldlofi  oo  It  protaMy  18  acNS 
cleared  out  of  the  IflO  acrm  •  •  •  innd  under  the  plow  worth  pHM^ 
ally  from  fin  to  $8n  i>cr  nrr^.   with  little  or  no  InQfOVVMBll^  aceafdiat 

to  iIlNttinro  from  town  or  market. 

Mr.  Holdahl  also  said*  that  some  wooded  land  might  jield  from 
50  to  70  oords  of  wood  per  acre.    His  own  experience  in  clearinir 

*Tke  Oinsae  aad  Stattotlea  OSee  of  Caaeea  etatM  ttaf  the  avetM*  «alM  el  tte» 

laada  1«  9t.SS  aa  eet*. 
•Pabilc  RMrtnci.  lait.  p.  SS. 
■FuHlMr  Public  HMflaai.  Wureed.  ItlS.  a-  SMi 


164       FINAL  REPOET  OF  THE  INTEENATIONAL  JOINT  COMMISSION. 


some  land  was  that  he  had  100  cords.  He  paid  85  cents  for  cutting 
and  $1  to  haul  it  to  town,  with  an  added  charge  for  delivering 
it  to  purchasers  of  35  or  40  cents.  This  wood  he  sold  for  $2.50 
per  cord,  which  left  a  profit  of  about  30  cents  per  cord.  He  pointed 
out  that  there  were  extensive  state  land  sales  from  time  to  time, 
the  figures  obtained  varying  from  $8  to  $25  per  acre. 

Xn  examination  of  the  levels  that  would  have  prevailed  on  the  Lake 
of  the  Woods  during  the  past  21  years,  under  natural  conditions, 
indicates  that  in  7  years  the  water  would  have  reached  1,059  and 
over  during  the  growing  season.  It  must  be  obvious  such  frequency 
of  flooding  would  at  once  seriously  affect  the  value  of  arable  lands 
below  that  level;  in  fact,  even  above  it,  as  there  is  the  factor  of 
seepage,  as  well  as  occasional  additional  flooding  through  storms 
piling  up  the  water  along  the  shores  of  the  lake.  Mr.  Landb}',  at 
the  hearings  in  1912,  when  Mr.  Ralph  was  testifying,  considered 
that  those  lands  adjoining  the  lake  could  only  be  farmed  which  were 
2  feet  above  the  lake  level.  On  the  basis  of  other  evidence,  how- 
ever, the  commission  has  adopted  1.5  feet  as  an  average  measure  of 
the  effect  of  seepage  on  the  lands  involved.  That  would  mean  that 
with  the  levels  of  the  lake  as  in  a  state  of  nature  during  the  past 
21  years,  the  adjoining  lands  would  be  occasionally  affected  by  high 
water  up  to  a  contour  of  1,061.5,  which  would  reduce  their  value  for 
farming  purposes  below  that  level. 

The  commission  had  extensive  and  exhaustive  plane-table  surveys 
made,  and  classified  the  land  between  foot  contours  below  1,064,  and, 
in  some  cases,  as  high  as  1,066. 

In  the  following  tables  an  analysis  has  been  made  of  the  character 

of  such  portions  of  those  lands  below  contour  1,064  as  are  in  private 

ownership : 

Private  and  flled-on  lands. 

UNITED  STATES. 


Cultivated  lands 

Grass  lands • 

Grass  lands  with  scattered 

poplars 

Deciduous  trees — .  - 

B41xed,  deciduous  and  conil- 

erous 

Cultivated  lands 

Grass  lands - -■•••; 

Grass  lands  vath  scattered 

poplars 

Deciduous  trees - - 

Mixed,  deciduous  and  oonu- 

erous 


AiWk. 


Acta. 
276.1 
790.9 

606.1 
3,683.0 

234.3 


Percent- 
age of 
total  area. 


Coniferous  swamp 

Willows  and  brush 

Open  marsh  or  bog 

Land  lost  through  erosion. . . 


Total. 


Area. 


Percent- 
age of 
total  area. 


Aaru. 

1,446.4 

1,84&7 

3,237.0 

1,583.1 


13,603.6 


100 


CANADA. 


6L8 
381.0 


115.1 
616.8 


896.1 


1 

8 

2i 
13 

8J 


Coniferous  swamp 

Willows  and  brush ... 
Open  marsh  or  bog. . . 
Reconnaissance  area  '■. 
Lostlandsi 


Total. 


819.6 
603.9 
641.0 
786.0 


4, 07a  7 


100 


^Chiefly  low-grade  cultures. 


Plate  34. 


a,  NORTH  SUORE   FARIiC. 


6,  A  PIONEER'S  HOME. 


FINAL  REPORT  OF  THB  INTERNATIONAL  JOINT  COMMISSION.      165 

As  all  affected  areas  in  both  countries  had  to  be  investigated,  some 
being  entirely  removed  from  railway  facilities  and  remote  from  set- 
tlement, the  commission,  after  careful  consideration  of  all  factors, 
fixed  the  following  range  of  values,  viz :  Cultivated  lands,  $75  to  $85 
per  acre;  grass  lands,  $50  to  $25  per  acre;  grass  land  with  scattered 
poplars,  $35  to  $15  per  acre ;  lands  covered  with  deciduous  trees,  $80 
to  $10  per  acre ;  lands  covered  with  mixed  deciduous  and  coniferous 
trees,  $15  to  $5  per  acre ;  coniferous  swamp,  $5  to  $3  per  acre ;  lands 
covered  with  willows  and  brush,  $5  to  $3  per  acre;  open  marsh  or  b<^, 
$5  to  $1  per  acre. 

In  view  of  the  fact  that  1,059  has  been  computed  to  be  ordinary 
high  water  as  it  would  have  been  in  a  state  of  nature  during  the  past 
20  years,  any  lands  below  1,058  would  obviously  have  only  a  nominal 
value  for  agricultural  purposes.  It  is  interesting  to  compare  the 
values  fixed  between  1,058  and  1,064  with  actual  sales  of  land  in  the 
counties  of  Beltrami  and  Roseau,  as  presented  at  the  Winnipeg  hear- 
ings by  Mr,  Laird  and  filed  as  Exhibit  No.  7. 

This  exhibit  records  a  list  of  110  sales  of  land  in  Beltrami  County 
and  Roseau  County,  Minn. 

The  total  acreage  and  prices  comprised  in  these  sales  have  been 
summed  with  results  as  follows: 

Beltrami  CowUy. — ^Thirty-five  of  the  sales  cited  were  made  in  Bel- 
Irnmi  County  in  191S,  1914.  and  1915,  and  their  totals  are: 

Ar<>a.  n,()32..'S5  acred.         Sale  price.  $39.51 1.8^.        Rate  p«r  arra.  97 J& 

Ro$eaitt  County. — ^The  remaining  75  sales  were  of  land  in  Rosmq 
County  in  1912, 1918, 1914.  and  1915.  and  their  totals  are: 

Area,  8,548.14  uctw.        Sale  price.  fl24;M7.        Rate  pw  am*.  914JHI. 

The  total  sales  in  the  two  counties  combine  M  follows: 


naitnun!  roontr 
KoMfturounty. 

ToU4 


iXtn 

IMS-U 


Mr.* 


a.« 


CompMod  with  Umm  figures,  the  valuation  of  the  United  States 
Hurve3red  areas,  at  tentative  rates  for  privately  owmnl  lands,  are 
as  follows: 


•                            1 

*~ 

*-. 

■sr 

l!lSaUVkM«!!r!.^!!r»:::::::"r::::::::::: 

£tM.« 

"SSB 

•u 

TaMI... 

t»Ml.l 

m«ait 

M-W 

166       FINAL  REPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 


It  will  be  noted  that  the  commission's  rates  have  thus  produced 
area  for  area,  higher  results  than  the  prices  realized  on  actual  sale. 

In  order  to  show  that  the  higher  agricultural  value  of  lands  in 
the  vicinity  of  Warroad  was  not  overlooked  in  the  preparation  of 
the  table  of  values,  the  figures  for  the  Roseau  County  lands  (sheets  9, 
10,  and  11),  the  highest  valued  of  all  the  agricultural  lands  around 
1  he  Lake  of  the  Woods,  are  shown  in  the  following  tables : 


Area. 


Value. 


Rate  per 
acre. 


Atlasibeet*.  Elm  Point 

Atlas  sheet  10,  Warroad 

Atlas  sheet  II,  Willow  Creek 

Total 


Acres. 

787.8 
1,325.6 

961.0 


$10,337.30 
36,345.30 
10,254.30 


313.12 
27.42 
ia78 


3,044.9      56,93&90 


18.68 


Thus  the  average  price  per  acre  of  the  land  shown  on  the  Warroad 
sheet — $27.42 — is  almost  double  the  sale  price  per  acre  for  Boseau 
County  lands — $14.48.  The  foregoing  comparisons,  so  far  as  the  Lake 
of  the  Woods  lands  are  concerned,  and  shown  on  the  atlas  sheets,  are 
for  areas  between  1064  and  1058,  while  the  parcels  sold  are  variously 
situated  and  generally  at  higher  elevations. 

The  following  table  shows  United  States  areas  and  values,  also 
rates  per  acre  for  United  States  private  lands  only,  between  contours 
1064  and  1060: 


Areft. 

Value. 

Rate  per 
acre. 

Atlas  sheets  2, 8, 5, 12, 13, 14, 15,  Beltrami  County 

Acres. 

3,716.6 

2,63&9 

332,046.30 
66,289.65 

$11.80 

Atlas  sheets  9,  io,  11,  hnnean  Coonty .' 

2L80 

Total i 

6,262.4 

87.335.96 

1&63 

i 

Area. 

Value. 

Rate  per 
acre. 

Atlas  sheet  9  Elm  Point    

Acres. 
688.5 
944.4 
904.0 

$10,077.00 
35, 101. 15 
10,111.50 

$14.62 

Atlas  sheet  10  Warroad     .. 

37.20 

\  t  las  sheet  11*  Willow  C^eek     .                      

11.18 

Total.                        

2,536.9 

56,289.65 

21.80 

Vn.— LUMBERING. 

While  the  lumbering  industry  in  northern  Minnesota  and  west- 
ern Ontario  is  of  comparatively  recent  growth,  many  of  the  early 
travelers  through  the  Lake  of  the  Woods  country  drew  atten- 
tion to  the  extent  and  variety  of  the  timber  resources  of  the  region. 

La  V^rendrye  in  his  journal,  1732,  describes  the  banks  of  Rainy 
River  as  very  beautiful  and  bordered  with  groves  of  oak.  Joeeph 
La  France,  in  his  Narrative  of  1740,  speaking  of  the  same  river, 
says  that  the  whole  country  along  its  banks  is  full  of  fine  woods. 
In  going  through  the  Lake  of  the  Woods,  he  adds,  "All  these 
islands  and  coasts  are  low  and  full  of  fine  woods." 

Dr.  John  McLoughlin,  of  the  North  West  Company,  who  was  in 
charge  of  the  post  on  Rainy  River  about  1800,  left  a  manuscript 
account  of  the  Indians  from  Fort  William  to  Lake  of  the  Woods 
(now  in  the  McGill  University  Archives,  Montreal),  in  which  he 
says: 

The  banks  of  Rainy  I^ke  Klver  are.  In  tceueral,  blKti  and  coTcred  with 
abundance  of  elm  and  ouk  with  ImnienMe  numbers  uf  wihl  prune  trees,  rtierry. 
wild  pears,  and  here  and  then*  Interneoted  by  sinaU  mendown  which  enhance 
the  npi)ennince  of  the  country  a  jfootl  deal.  •  •  •  The  tT««8  In  thtmr 
forests  are  birch,  asplne,  poplnr,  o\m.  baas,  tamarac,  c««lnr,  \vhif«>  sod  red 
pine. 

Alexander  Henry'  says  that  the  banks  of  lUiny  Lake,  in  1775. 
were  covered  with  maple  and  birch.  Alexander  Mackensie,  in  bia 
"  General  History  of  the  Fur  Trade"  (1801),  eays  of  Rainy  Bitw: 

Tills  iH  one  of  the  finest  rivers  In  the  Northwest.  *  *  *  Its  banks  arv 
cnveroil  with  n  rich  soil  particulnriy  to  the  north,  which  In  many  parts  are 
clothed  with  fine  open  groTSS  of  oak,  with  the  maple,  the  piM^  and  th» 
cc<]nr.  The  southern  bank  la  not  so  elevated  and  dlioilays  the  ■epie,  the 
white  hirch.  iind  the  oedar.  with  the  qwoee,  the  alder,  nnd  vaHoai  iindeiweud. 

Keating,'  in  his  Narrative  of  the  expedition  of  18Bt,  «jt  of 
the  Lake  of  the  Woods  iaUndt: 

Ail  rest  u|K)n  solid  rodc  and  are  oofered  with  small  tf«Mk  eMely  plaa^ 
spmoe,  hasel,  willow,  cherry,  etc,  beetdis  test  quantlUee  id  bnttm  bear- 
Inff  berries. 

And  of  the  Rainy  River  ho  nys: 

The  foreete  are  more  dense  and  heavy  (than  oo  the  Wtnnlpeg  Rtver)  and 
contain  sereral  trece  not  enumerated  In  the  fortfDlng  llet,  via.  white  oak. 
ash.  liickory.  water  maple,  white  walnnt,  linden,  elm.  ele.  The  plae  and 
white  birch  become  more  nbnndnnt  nnd  attain  a  HMMre  SlaMy  iln^ 

*TniTf>l«  «n«1  AilrriiturM,  rtc.  i<p.  ::se.  MO. 

•▼ofseM  trrm  Moatr««l  Throocii  tke  Oesttssat  of  North  AsMrke.  p^  Silv. 


168       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

Sir  George  Simpson '  in  1841  described  Rainy  River  as  resembling 
the  Thames  near  Richmond : 

From  the  very  brink  of  tlie  river  there  rises  a  gentle  slope  of  greensward, 
crowned  in  many  pljjces  with  u  plentiful  growth  of  birch,  poplar,  beech,  elm, 
and  oak. 

Bishop  Tach6,2  who  from  his  long  residence  in  the  West,  had  a  wide 
knowledge  of  conditions  in  his  day,  says  (1870) : 

The  district*  of  Rainy  River,  of  Lake  of  the  Woods,  and  of  Winnipeg  River 
*  •  •  are  well  wooded  as  regards  the  description  of  timber,  and  will  be  an 
immense  resource  for  the  colony  of  Asslnibola,  where  already  is  felt  the  want 
^f  this  remote  supply. 

Captain  W.  J.  Twining,*  speaking  of  the  Lake  of  the  Woods 
country  in  1875,  says : 

The  forests  are  mostly  composed  of  small  pines  and  tamaracks,  though  on  the 
higher  ground  elm,  birch,  and  aspen  are  found. 

So  much  for  the  character  of  the  timber  resources  of  the  Lake  of 
the  Woods  district,  in  the  early  days  before  commercial  interests  be- 
gun to  exploit  them.  Generally  speaking  it  may  be  said  of  the  forest 
growth  in  recent  years  that  the  light  drift  and  bare  rock  of  certain 
portions  of  the  watershed  nourish  heavy  growths  of  jack  (Bank- 
.sian),  white,  and  red  (Norway)  pine,  with  a  scattering  of  balsam 
fir  and  decidiunis  trees.  These  trees  frequently  seem  to  find  root  in 
the  rock  itself.  Where  large  trees  have  been  blown  over  it  may  be  ob- 
served that  the  roots  are  short  and  stubby,  taking  on  to  the  minutest 
detail  the  shape  of  the  crevice  in  which  they  have  sought  sustenance. 

Like  all  timbered  areas,  this  district  has  suffered  from  time  to  time 
from  the  effects  of  devastating  fires.  There  is  a  popular  impression 
that  forest  fires  began  with  the  advent  of  the  white  man,  but  this  is 
not  supported  by  the  facts.  The  Indian  would  naturally  be  more 
careful  than  the  inexperienced  white  man  in  taking  precautions 
against  the  spread  of  fire,  but  not  any  more  so  than  the  white  trapper 
or  trader  or  anyone  else  accustomed  to  living  in  the  open.  Many 
fires  have,  of  course,  been  occasioned  by  sparks  from  locomotives  and 
other  modern  agencies ;  but  as  a  matter  of  fact  forest  areas  would  to 
a  certain  extent  be  subject  to  destruction  by  fire  even  if  uninhabited 
by  man.  Lightning  probably  accounts  for  the  burning  of  quite  a 
considerable  proportion  of  timber,  particularly  in  the  early  days. 
In  any  event,  it  is  safe  to  say  that  much  of  the  best  timber  had 
been  destroyed  by  fire  years  before  lumbering  operations  commenced 
either  on  the  American  or  Canadian  side  of  the  Lake  of  the  Woods, 
Rainy  River,  and  Rainy  Lake.  Both  Governments,  recognizing  that 
these  driftless  areas  will  never  be  used  for  cultivation,  have  set  aside 

^  Joarney  Around  the  World,  1841-42.     I,  p.  46; 
'Sketch  of  the  North  West  of  America,  p.  25. 
'Reports  Upon  the  Survey  of  the  Boundary,  p.  54. 


FINAL  B.KPORT  OF  THE  INTEBNATIONAL  JOIKT  OOMMISBIOli.       169 

liberal  reserves  for  forest  preservation  and  reforeeUtioo  porpotes. 
A  glance  at  the  watershed  map  prepared  by  the  consulting  eoginetrs, 
and  presented  in  the  Atlas,  will  show  the  extent  and  location  of  the 
Superior  National  Forest,  the  Burntaide  State  Forest  of  Minnesota, 
and  the  Quetico  National  Forest  of  Ontario. 

As  to  the  available  timber  on  the  United  States  side,  the  report  of 
the  chief  fire  warden  of  Minnesota,  1895,  contained  an  estimate  of 
the  timber  by  counties,  and  in  the  report  of  the  United  States  Geo- 
logical Survey,  1900,  a  further  estimate  was  made  from  sources  of  in- 
formation then  available.  Taking  the  counties  that  are  included 
in  the  Lake  of  the  Woods  watershed  and  allowing  for  the  proportion 
of  such  counties  that  are  not  included  therein,  the  stand  of  timber, 
according  to  the  last  estimate,  is  about  7,000,000,000  feet  of  pine, 
18,000,000  cords  of  pulp  wood,  and  35,000,000  cords  of  fuel  wood,  less 
the  quantities  cut  or  destroyed  by  fire  since  1900.  The  stands  of  pine 
timber  are  in  the  northern  parts  of  Cook,  Lake,  and  St  Louis 
Counties  and  in  the  northern  part  of  Itasca  County.  The  ^moe 
stands  seem  to  be  mainly  in  Koochiching  County  and  the  northern 
part  of  Beltrami  County.  In  1915  the  stand  of  spruce  was  estimated 
at  4,000,000  cords. 

As  to  timber  resources  on  the  Canadian  side,  very  little  aathorita> 
tivo  information  is  available.  The  reports  of  Uie  explorations  of  the 
Canadian  Geological  Survey  give  no  definite  information,  and  what 
they  do  afford  relates  to  very  restricted  areas.  The  Department  of 
Lands,  Forests,  and  Mines  of  Ontario,  imder  whose  jnrisdietioo  thi» 
watershed  lies,  has  made  no  surveys  upon  which  an  Mtiimts  can  be 
based.  The  only  thing  spproaching  an  estimate  is  a  itilMnwit  bf  tbs 
late  Aubrey  White,  when  Deputy  Minister  of  the  department,  to  the 
effect  that  there  were  about  2,000,000,000  feet  of  pine  in  tlir  tract 
west  of  Port  Arthur  and  south  of  the  line  of  the  Canadian  Pacifir 
Railway,  which  would  correspond  roughly  witli  the  watanliad  of  tlie 
Lake  of  the  Woods. 

On  the  assumption  tliat  the  cuidition  of  the  pins  IsrMli  ott  the 
Canadian  side  as  a  result  of  fire  and  timber  opentioM  woold  noi  be 
any  worse  than  on  the  United  States  side,  Mr.  R.  H.  Canpbslli 
(liri><'tor  of  forestry  of  Canada,  suggests  that  the  probnbiUtj  is  thai 
the  area  of  pine  on  the  Cansdiau  side  is  vsrj  considsraUy  Um  than 
on  the  United  States  side;  in  fact,  leas  thsn  hail  aooordiag  lo  his 
estimate.  The  proportion  of  the  distriot  thai  wonid  bs  mainljr 
covered  by  spruce  would  \w  that  much  largsTt  so  thai  Iht  gMMtf^ 
of  pulpwood  on  the  Canadian  side  would  in  such  eirauMlMfiM  bs 
considerably  higher,  probably  double  the  quanlity.  Mr.  Osnp* 
1k>1I  puts  the  quantity  of  pulpwood  roughly  at  from  M.OO0^PQi  to 
40,000,000  oords.   The  fuel  wowl,  which  would  U«  largvl?  hardwood. 


170       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

would  probably  run  somewhat  less  than  on  the  United  States  side, 
probably  altogether  about  20,000.000  to  30.000,000  cords. 

Although,  as  already  mentioned,  the  lumbering  industry  in  north- 
em  Minnesota  and  western  Ontario  is  of  comparatively  recent 
growth,  yet  the  timber  now  available  in  this  region  for  the  manu- 
facture of  lumber,  wood  pulp,  etc.,  like  that  of  other  timbered  sec- 
tions in  both  countries,  is  being  diminished  at  a  rate  that  will  in  a 
comparatively  few  years  practically  exhaust  the  present  supply  of 
timber.  It  is  estimated,  however,  that  the  extent  of  merchantable 
timber  now  available  will  enable  the  lumber  industry  to  continue  at 
substantially  its  present  rate  of  timber  consumption  for  a  period  of 
about  20  years.  Pulp-wood  timber  in  this  section  on  both  sides  is 
more  plentiful,  and  the  areas  covered  by  these  forests  are  far  more 
extensive,  while  the  natural  character  of  the  soil  and  its  continued 
moisture  is  not  only  conducive  to  the  rapid  growth  of  the  existing 
timber,  but  also  especially  conducive  to  new  growth.  It  is,  therefore, 
estimated  that  the  existing  supply  of  pulp-wood  timber,  together 
with  the  new  growth,  will  insure  the  life  of  the  manufacture  of 
wood-pulp  paper  in  this  region  for  a  great  many  years. 

The  Minnesota  forest  service  has  made  the  following  estimates  of 
log  driving  on  the  rivers  flowing  into  Rainy  River  on  the  United 
States  side  alone: 


im 

uw 

1910 

Ull 

1913 

Little  Fork 

Ftti. 
30,000,000 
45,000,000 
30.000,000 

80,000,000 
40,000,000 

Fttt. 
00,000,000 
80,000,000 

Fut. 

8 

Veti. 
£0,000,000 
100,000,000 

Big  Fork 

Ktwlshiwl 

:              1             1 

tNona. 

The  principal  lumber  companies  on  the  United  States  side  are 
the  following :  Virginia  and  Rainy  Lake  Company,  Virginia,  Minne- 
sota; International  Falls  Lumber  Company,  International  Falls, 
Minnesota ;  St.  Croix  Lumber  and  Manufacturing  Company,  Winton, 
Minnesota ;  Engler  Lumber  Company,  Baudette,  Minnesota ;  Swallow- 
Hopkins  Company,  Winton.  Minnesota;  and  the  Clementson  Mill, 
Clementson,  Minnesota. 

The  output  of  the  mills  has  remained  fairly  constant  during  the 
past  10  years.  The  mills  at  Virginia  anticipate  a  sufficient  supply 
to  maintain  their  present  capacity  of  1,000,000  feet  per  day  for 
about  20  years.  The  mill  at  Tower  has  very  nearly  reached  the  end 
of  its  supply,  while  the  Winton  mills  have  sufficient  tributary  timber 
for  only  a  few  years. 

On  the  Canadian  side,  the  following  lumber  companies  operate 
in  the  Lake  of  the  Woods  and  Rainy.  Lake  districts:  Rat  Portage 
Lumber   Company;   Keewatin  Lumber   Company;   Shevlin-Clarke 


Plate  M. 


a,  LOO  DRIVINO,  KAWISUIWI  RIVER. 


6.  .'<IIK\  I  '■■      1    \  i;  i.  I     VI I  i 


'tC*^^ 


FINAL  BEPOBT  OF  THE  INTEENATIONAL  JOINT  COMMISSION.      171 

Company;  Captain  Kendall,  engaged  in  busineas  in  Kenora;  and 
Captain  J.  Short,  who  operates  a  mill  at  the  same  plaoe.  The  Bat 
Portage  Lumber  Company,  with  head  oflSce  at  Winnipeg,  has  a  capi- 
tal invested  of  $1,250,000  in  the  lumbering  industry.  From  300  to 
400  men  are  employed  in  the  Lake  of  the  Woods  district  and  850  in 
the  Rainy  Lake  district.  The  boats  owned  by  the  company  are  the 
Mary  Hatch,  9  feet  draft;  King  Fisher,  8.6  feet  draft;  Empress,  7.6 
feet  draft,  and  Wendigo,  5.6  feet  draft.  The  Keewatin  Lumber  Com- 
pany, with  head  oflBce  at  Keewatin,  Ontario,  has  an  investment  of 
$1,500,000  in  the  district.  Tlip  gross  value  of  the  yearly  output  is 
$750,000,  the  output  amounting  to  30,000,000  b.  m.  feet  of  lumber 
and  300,000  ties  annually.  The  company  employs  350  men.  It  has 
the  following  boats  in  operation:  Mather,  9.6  feet  draft;  Manoha^ 
6.6  feet  draft ;  and  Banning,  7  feet  draft.  The  Shevlin-Clarke  Com- 
pany's plant  is  located  in  the  town  of  Fort  Frances,  Ontario.  It 
employs  about  1,200  men  and  its  average  monthly  pay  roll  amounts 
to  $75,000. 

From  a  statement  furnished  by  the  Department  of  Lands,  Foreali 
and  Mines  of  Ontario,  it  appears  that  the  total  area  of  timber  berths 
on  the  Canadian  side  amounts  to  something  over  1,500  square  miles. 
During  the  years  1899  to  1914  there  were  cut  on  the  Canadian  side 
of  the  watershed,  8,625,951  saw  logs  containing  397,357,452  feet  b.  nu, 
10,042,563  railway  ties,  and  16,435  cords  of  pulp  wood. 

Within  the  limits  of  the  available  funds  the  Minnesota  Forssl 
Service  has  done  a  g^reat  deal  along  fire  prevention  lines.  The  for- 
C9ted  region  of  the  state  is  divi(Ie<i  into  ranger  districts,  of  which 
all  or  portions  of  eight  districts  lie  within  the  Lake  of  the  Woods 
watershed.  A  forest  ranger  has  the  supemnon  of  mth  diilriei  tmd 
temporarily  may  have  from  three  to  ten  petrolmeB  imder  him. 
The  Federal  Forest  Service,  which  has  the  adminiatntkHi  of  tiM 
Superior  National  Forest,  has  cooperated  with  the  State  SBrriee  in 
propagating  a  campaign  of  education  in  the  prevention  of  forirt 
fires.  The  various  railroads  have  alM)  taken  Uie  matter  up  with 
their  employees.  The  result  of  such  a  campaign,  although  not  dio> 
posing  of  forest  fires  entirely,  will  greatly  diminish  tiiem.  For  the 
purpose  of  detecting  fires,  a  series  of  lookout  towers  have  been  ooA- 
structed  on  various  physical  prominenceM.  These  towen»  with  the 
telephone  lines  of  Uie  Forest  Service,  are  of  great  aMJstawy  in 
locating  and  extinguishing  hiaxw  which  would  spread  into  largvr 
fires. 

During  the  past  10  years,  there  liave  Iwen  two  forest  flree  of  grsal 
magnitude  on  or  touching  the  waterslml.  Of  thvov.  ilw  Baudeite 
fire  of  Octolwr,  1910,  caused  the  heaviest  loss  in  human  life.  The 
Baudette  fire  extendoil  fnuu  Bnudette  and  Spooner  westward,  taking 
in  some  territory  in  Ontario.    The  towns  of  Baudette  and  Spooner 


172       FTNAL  REPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

W*fe  wiped  out  entirely,  800,000  acres  of  land  were  burned  over,  and 
+2  lives  were  lost.  In  Bulletin  No.  117  of  the  United  States  Depart- 
ment of  Agriculture,  Forest  Service,  the  statement  is  made  that  in 
1910  there  were  936  fires  in  northern  Minnesota  and  Wisconsin,  burn- 
ing over  1,051,333  acres  and  causing  a  loss  of  $1,721,752.  Approxi- 
mately one-third  of  these  fires  occurred  on  the  watershed  of  the  Lake 
of  the  Woods.  Relative  to  the  cause  of  fires  in  this  year  the  state- 
ment is  made : 

up  to  the  InttPr  part  of  Aupust  there  was  a.  deficiency  of  precipitation  la 
mery  district  of  the  United  States,  and  It  was  exceptionally  dry  In  the  North- 
west, where  the  percentage  of  the  normal  was  only  26. 

The  Chisholm  fire  of  1908  touched  only  a  portion  of  the  watershed. 
At  this  time  405,748  acres  were  burned  over  with  a  loss  of  $2,000,000. 
Similar  conditions,  and  to  a  very  large  extent  similar  means  of 
rtoiedying  them,  are  found  on  the  Canadian  side  of  the  watershed. 

In  a  written  statement  to  the  commission,  dated  October  7,  1913. 
the  Director  of  Forestry  of  Canada  says  as  to  the  effect  of  water 
levels  on  standing  timber: 

The  raising  of  the  level  of  the  waters  ahove  normal  would  injuriously  affirt 
the  timber  only  so  far  as  it  would  result  in  lands  bearing  timber  being  flooded 
or  kept  permanently  water  soalced.  If  the  lands  were  fioode<l  so  tliat  the 
water  st(K>d  iKjrmanently  above  the  level  of  the  soli,  all  the  trees  in  such  an 
area  would  certainly  die.  If  land  previously  well  drained  were  kept  soaked 
with  water  owing  to  the  raising  of  the  level,  it  would  probably  affect  Injuriously 
some  species,  although  most  species  have  a  considerable  power  of  adaptation 
where  they  have  become  well  establlsheil.  The  final  result,  however,  wotild  be 
to  change  the  character  of  the  vegetation  so  that  trees  that  grow  best  in  moist 
situations,  such  as  ce<iar,  tamarack,  black  spruce,  would  succeed. 

The  lowering  of  the  level  of  the  water  would  not  likely  cause  any  Injurious 
effects.  The  better  drainage  might  In  some  cases  result  In  lmprove<l  growth, 
and  I  doubt  if  the  drying  out  would  anywhere  be  sufficient  to  cau.se  any 
serious  injury. 

As  a  consequence,  therefore,  it  is  not  at  all  likely  that  the  raising  or  lowering 
of  the  level  of  bodies  of  water  in  the  Lake  of  the  Woods  district  would  have 
any  serious  effect  on  the  timber  or  forest  growth.  Such  effect  would  be  mainly 
confined  to  whatever  area  might  be  floo<led  as  a  result  of  the  raising  of  the 
level  of  the  water. 

No  record  of  the  development  of  lumbering  in  the  Lake  of  the 
Woods  district  would  be  complete  without  some  account  of  the  wood 
pulp  and  paper  industry. 

The  machinery  for  adapting  wood  fiber  to  the  manufacture  of 
paper  has  been  so  improved  during  recent  years  that  the  annual 
consumption  of  wood  pulp  in  the  United  States  alone  exceeds 
3,000,000  tons,  of  which  one-fifth  is  imported.^  In  1911,  1,300,000 
cords  of  wood,  85  per  cent  of  which  was  spruce,  were  consumed  in  the 
United  States  in  the  manufacture  of  mechanical  pulp.  Of  a  total  of 
4,300,000  cords  used  during  1911  for  pulp  of  all  kinds,  spruce  fur- 

^  Bureau  of  Foreign  and  Domestic  Commerce,  Bulletin  No.  110,  1916. 


PUITE  37. 


a,  I'AI'EU   MILL   AT   FOUT   FHANCES. 


6,  PULP   WOOD  AT  INTERNATIONAL   FALLS. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      173 

nished  2,500,000  cords,  or  68  per  cent.  With  siich  an  annual  redoc- 
tion  of  the  available  spruce  supply  we  find  mills  in  various  localities 
using  hemlock,  poplar,  balsam  fir,  tamarack,  jack  pine,  or  birch. 
The  industry  is  essentially  of  a  frontier  nature.  It  requires  a  plenti- 
ful supply  of  wood  and  an  abundance  of  cheap  power,  two  things  not 
readily  obtainable  in  settled  communities. 

Making  use  of  these  two  resources  nt  the  head  of  Rainy  River, 
the  Minnesota  and  Ontario  Power  Company  is  now  operating  one  of 
the  largest  wood  pulp  and  paper  mills  in  America.  This  mill,  part 
of  which  is  located  in  Intern:.!  ional  Falls, Minnesota,  and  part  in  Fort 
Frances,  Ontario,  has  a  dnily  capacity  of  3.50  tons  of  paper.  The 
paper  for  65  of  the  important  .newspapers  of  the  Northwest  Is 
supplied  by  it.  From  1,200  to  1,500  men  are  daily  employed  tt  the 
mill  itself.  It  is  tributary  to  one  of  the  largest  spruce  areas  of  tiito 
continent.  The  supply  for  this  mill  will  eventually  be  drawn  fhmi 
a  total  area  in  both  countries  of  approximately  25,000  square  miles. 
Spruce  covers  approximately  one-third  of  this  tributary  area.  Of 
the  other  varieties  suitable  for  paper  making,  jack  pine,  tamarack, 
balsam  fir,  poplar,  and  birch  are  the  most  important. 

At  the  present  time,  a  newspaper  stock  is  manufactured  at  thii 
mill.  Approximately  175,000  cords  of  woo<l  are  used  annually,  enh 
cord  producing  about  four-fifths  of  a  ton  of  paper.  The  newspapir, 
as  manufactured  here,  is  made  up  of  a  mixture  of  from  75  to  80 
I>er  cent  of  mechanically  ground  pulp  and  from  20  to  25  p«r 
of  sulphite  or  chemical  pulp.  A  sufficient  quantity  of  l>oCh  rmrii 
is  manufactured  to  supply  the  peper  mill,  except  during  a  ahort«f« 
of  water  power  in  dry  years  and  during  s  deeresae  In  hesd  froni 
backwater.  During  these  periods,  the  resdj-msda  palp  is  imported 
from  clHewhero,  usually  eastern  Csnsds. 

In  the  spruce-bearing  lands  Uie  yield  is  stated  to  rsry  from  1  to  80 
cords  per  acre,  the  higher  yield  U'ing  otitaimHl  from  a  oomfianitiTtljr 
small  acreage.  From  35  to  50  p«*r  ivtit  of  ths  pulpwood  is  Ml 
directly  by  the  company^a  forces.  In  the  camps  and  on  the  dhn* 
to  the  mill  approximately  2,500  men  are  employed.  The  rrmaindsr 
of  the  w(mk1  siii>ply  is  purchased  on  the  marfcei  or  contracfeil  for 
locjilly. 

At  the  prcsiiii  iiiiu<  It.-v.  than  one •  half  <if  fhe  raw  matsHsl'ls 
transportiMl  by  water  to  the  mill,  and  the  remainder  by  rail.  The 
IMsnvntagii  of  water  transport  will  increase  as  t'  •lli<anC  dis- 

tricts are  cut  over.  The  duration  of  the  preseui  ,  ..,  vood  supply 
tributary  to  Rainy  I^ke  has  been  variously  efttimated.  barring  cWras* 
tating  forest  flfss,  nt  fi..in  •'■.  »,.  .-.o  \-Mr«.» 

*  Sm  Uams  StatM  Dtputawal  or  CiNUwn*  uitf 
HMMk  OoikMr**,  MMtlB  ilO^'IStS:  iMMTtlaiir 
S«S;  Dalits  Stalw  DisaHaMai  «C  AertMltw*.  PmmI  S^rtkct.  ■sWiWa  IM. 
oC  Palp  aaS  Fapw  laSaHrtm  OaNaS  tlalM  Disaifwi  ar  a«rtMit«r^  I^tm* 
BallMtD  Iff.  Ortedlaa  •!  Sarac*  tar  MMteikal  Palp. 


Vm.— MININO. 

It  was  known  in  a  general  way  almost  from  the  time  when  the 
Lake  of  the  Woods  region  was  first  discovered  that  it  contained 
mineral  deposits,  but  not  until  1850  was  ore  definitely  reported.  In 
that  year  it  was  fouud  near  (lunflint  Lake.  A  little  later  it  was 
reported  in  the  region  now  known  as  the  Vermilion  Range.  Since 
that  time,  at  various  points  throughout  the  Lake  of  the  Woods 
watershed,  there  have  been  numerous  discoveries  of  gold,  silver, 
copper,  iron,  and  other  minerals. 

Mining  operations  for  gold  are  said  to  have  been  started  as  early 
as  1852.  In  1872  gold  was  discovered  at  Partridge  Lake,  and  it  is 
said  that  small  quartz  nuggets  were  exhibited  at  the  Philadelphia 
Exhibition  of  1876.  In  his  report  on  the  "  Geology  of  the  Lake  of 
the  Woods,"  *  Dr.  Robert  Bell  says : 

At  the  time  of  our  visit  (1881)  no  lululng  operations  were  going  on  at  tlie 
Lake  of  the  Wooda,  ultliougli  some  openings  in  searcli  of  gold  liad  lately  been 
made.  Owing  to  the  want  of  guides  and  ttie  lateness  of  the  season,  it  was 
fouud  imitosslble  to  examine  the  various  localities  at  wiiicb  more  or  less  work- 
had  been  done.  In  1879  I  was  presented  by  Mr.  .1.  Sewe  with  a  specimen  from 
Hay  Island  of  white  quartz,  containing  nee<llelike  crystals  of  hornblende  with  a 
little  calcspar,  which  showed  distinct  six-cks  of  gold.  It  was  assayed  by 
Mr.  HofCuian,  chemist,  of  the  survey,  and  found  to  contain  37.318  ounces  to  tiie 
ion  (Report  of  Progress  for  1878-79,  p.  23U).  We  were  shown  si^ecimens  of 
(ropper  pyrites  in  quartz  and  ciay-siate,  of  galena  in  quartz,  and  of  magnetic 
iron  a8soclate<l  with  Jasper,  all  said  to  liave  been  found  in  the  eastern  part  of 
tl»e  northern  division  of  the  Lake  of  the  Woods. 

In  1884  Eugene  Coste  reported  on  the  "  Gold  mines  of  the  Lake  of 
the  Woods.''  These  were  for  the  most  part  on  Big  Stone  Bay,  some 
10  miles  southeast  of  Rat  Portage  (Kenora)  and  on  Clear  Water 
Bay,  about  20  miles  to  the  southwest.  It  appears  from  this  report 
that  in  1884  a  number  of  gold-mining  companies  had  been  organized 
and  a  good  deal  of  money  invested  in  machinery,  but  the  mining 
operations  were  apparently  in  the  hands  of  very  inexperienced  men. 
At  some  mines  stamp  mills  had  been  erected,  with  expensive  ma- 
chinery, before  a  shaft  had  been  sunk  or  any  knowledge  obtained  as 
to  the  extent  or  richness  of  the  ore.  At  another  place  a  oO-foot  shaft 
had  been  sunk,  with  no  vein  to  be  worked. 

For  some  years  very  little  progress  was  made  in  gold-raining  de- 
velopment in  the  Lake  of  the  Woods  region,  beyond  testing  opera- 

I  Geological  Surrey  of  Canada  Report,  1880-1882. 
174 


FINAL  BEPOBT  OF  THE  INTESNATIOKAL  JOIKT  COMMIBSIOH.      175 

tions  and  prospecting.  Gradually,  however,  interest  in  the  mining 
possibilities  of  the  district  increased;  mining  operations  were  fur- 
thered, and  a  gold  and  silver  reduction  plant  was  constructed  at 
Rat  Portage.  By  1893  there  were  some  20  locations  in  the  vicinity 
of  Eat  Portage,  including  the  Sultana,  a  mine  which  later  became  one 
of  the  chief  producers.  In  the  following  year  gold  discoveries  were 
made  in  the  Rainy  Lake  and  Seine  River  districts,  numerous  veins 
being  reported  both  on  the  Canadian  and  United  States  sides  of  the 
boundary. 

By  1895  the  occurrence  of  gold  at  numerous  places,  dotted  over  a 
large  part  of  the  country  lying  between  the  Lake  of  the  Woods  and 
Lake  Superior  had  been  demonstrated:  and  in  1896  much  activity 
was  displayed  in  developing  and  exploiting  the  various  properdes. 
In  that  year  further  discoveries  were  made,  notably  in  the  Shoal  Lake 
neighborhood,  where  the  Mikado  and  other  mines  were  attracting 
attention. 

Although  at  this  period  several  of  the  mines  were  regarded  as 
having  reached  a  more  or  less  permanent  working  status,  yet  the 
industry  as  a  whole  was  recognized  as  being  in  the  initial  itegM. 
The  outlook,  nevertheless,  was  very  hopeful,  and  that  the  general 
expectation  of  the  future  prosperity  of  the  gold  n?»"ing  industry  on 
the  Canadian  portion  of  the  watershed  really  rested  on  a  sohetantial 
basis,  is  apparent  in  the  gradual  increase  of  gold  yield  for  Ontario, 
from  $2,000,  in  1891,  to  $115,000  in  1896.  By  far  the  greater  pro- 
portion of  this  increase  was  due  to  the  yield  from  mines  on  the  Lehe 
of  the  Woods  watershed. 

The  Sultana  had  come  to  be  reoogniaed  as  the  chief  mine  of  the 
Western  gold  fields.  After  years  of  bard  work  had  orercone  pre- 
liminary difficulties,  a  good  financial  return  was  at  hMit  heiqf  dtrired 
from  a  large  body  of  rich  quart*— in  plaoee  40  feet  wide— tnd  H  wm 
estimated  that  enough  ore  was  in  sight  to  last  seTeral  j%ut. 

The  increased  activity  and  progress  in  1897  were  rslleded  in  the 
provincial  yield  of  gold,  for  that  year,  of  $1894^^  Tn 
contributed  to  this  pro<luction — all  of  which  mint*,  with  the 
tion  of  one  in  eastern  Ontario,  were  in  the  districts  tribntSTy  lo  the 
Lake  of  the  Woods.  The  principal  mines  being  operated  in  IHT 
were:  In  the  Lake  of  the  Woods  district.  Hay  Island,  Stella,  R«gina, 
Sultana,  Burley,  and  Triumph  mines;  in  the  Shoe!  Lake  diitoiel. 
Mikado  and  Yum- Yum  mince;  in  the  lower  Seine  diitrlet,  Pol^, 
Olive,  and  Qoldon  Star  mines;  in  the  upper  Seine  diflriel,  Sawbtll, 
Hammond,  and  Q olden  Reef  mines. 

In  1898,  the  provincial  gold  yield  roee  to  $065,000,  and  the  major 
portion  of  it  came  from  the  Sultana,  B«gina,  and  Mikado  miMH 
The  highest  prodnetiQn  of  gold,  up  to  the  prsetDt  time  at  least,  within 
108066— 17 — ^la 


176       FINAL  EEPOET  OP  THE  INTEBNATIONAL  JOINT  COMMISSION. 

the  area  under  discussion,  was  reached  in  1899  when,  for  the  Prov- 
ince, it  amounted  to  $421,951.  This  was  derived  chiefly  from  four 
mines,  the  Sultana,  Regina,  Mikado,  and  Golden  Star. 

There  was  a  considerable  falling  off  in  the  gold  output  for  1900; 
the  amount  for  the  Province  was  $297,495,  but  the  chief  source  of 
supply  was  still  the  Lake  of  the  Woods  country.  The  inmiediate 
cause  of  this  diminution  was  the  stoppage  of  several  producing 
mines,  especially  the  Golden  Star  and  Olive. 

It  is  recorded  that  during  the  exceptionally  dry  season  of  1900, 
the  impeding  of  navigation,  due  to  the  low  water  on  Rainy  Lake, 
was  a  great  hindrance  to  mining  activity  in  the  lower  Seine  district, 
as  well  as  to  the  mining  industry  in  other  localities.  The  reduction 
works  at  Rat  Portage  stood  idle  for  most  of  the  year,  although  at 
Keewatin  where  a  reduction  plant  had  been  erected,  a  considerable 
quantity  of  ore  was  treated. 

During  1900,  a  large  number  of  mines  were  closed  down,  thus 
manifesting  the  fact  that  a  strong  reaction  had  set  in,  quite  in  con- 
trast to  the  activity  which  characterized  the  busy  years  culminating 
in  1899.  As  a  consequence  of  this  set-back,  the  Provincial  gold  yield 
fell  from  $244,443  in  1901  to  $229,828,  in  1902,  then  to  $188,036  in 
1903,  and  to  as  low  as  $40,000  in  1904. 

In  1902,  the  Sultana  mine  was  closed — ^its  large  ore  body  had 
faulted.  In  1903,  the  Mikado  was  closed  down.  For  a  number  of 
years  these  two  mines  had  been  substantial  producers,  and  had  shared 
the  leadership  in  the  Western  mining  field.  Reference  to  the  Sul- 
tana having  already  been  made,  it  may  be  mentioned  in  passing, 
that  the  Mikado  was  in  operation  from  1896  to  1903,  and  during  this 
period  is  credited  with  having  produced  over  $500,000  in  gold. 

During  the  next  seven  years,  ending  with  1911,  the  gold  production 
in  Ontario  fluctuated  between  $99,885  in  1905,  and  $32,445  in  1909, 
the  average  annual  yield  for  the  seven  years  being  $62,062.  During 
this  period  the  Sultana  and  Mikado  had  both  resumed  operations, 
but  were  again  closed,  and  for  a  part  of  this  time  the  principal 
producer  was  the  Laurentian  mine  situated  in  the  Upper  Manitou 
Lake  district.  The  first  results  from  the  Laurentian  were  spectacu- 
larly rich,  but  later  it  was  found  that  the  ore  had  depreciated. 

Up  to  the  end  of  1909  the  aggregate  value  of  the  gold  production 
in  Ontario  was  $2,509,492,  of  which  much  the  greater  part  was 
derived  from  the  Canadian  areas  of  the  Lake  of  the  Woods  water- 
shed.^ 

1  The  provincial  gold  yields  were  not  tabulated  In  the  earlier  mining  reports,  and  hence 
there  was  not  suflBclcnt  detail  from  which  to  make  a  precise  determination  per  se  of  the 
gold  yield  of  the  Lake  of  the  Woods  watershed.  The  mining  branch  of  the  Province  of 
Ontario,  however,  has  officially  stated  that  prior  to  the  discovery  of  the  Porcupine  gold 
fields  by  far  the  larger  part  of  all  the  gold  produced  in  the  Province  came  from  the  water- 
shed of  the  Lake  of  the  Woods. 


SULTANA  MINE. 


PINAL  EEPOET  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      177 

The  year  1909  witnessed  the  discovery  and  initial  development  of 
the  rich  gold  mines  of  the  Porcupine  region  in  northern  Ontario. 
Following  on  this  discovery  the  year  1912  saw  the  closing  of  prac- 
tically all  of  the  mines  in  the  Lake  of  the  Woods  districts,  aikl,  in 
consequence,  it  may  be  slated  that  in  1913,  1914,  and  1915  there  was 
no  gold  production  officially  recorded  for  western  Ontario.  The 
discovery  of  these  northern  gold  deposits  and  the  extensive  closing 
of  the  western  mines  may  be  said  to  stand  related  on  the  basis  of 
cause  and  effect.  Although  the  western  gold  field,  for  a  time  at 
least,  might  have  passed  into  a  stage  of  depression,  it  is  reasonable 
to  suppose  that  gold  mining  would  have  soon  been  resumed  but  for 
the  greater  inducements  afforded  as  a  result  of  the  Porcupine  dis- 
coveries, and  a  portion  at  least  of  the  amount  of  energy  and  capital 
absorbed  in  the  north  would  otherwise  have  been  available  for  the 
continued  exploitation  of  the  gold  deposits  of  western  Ontario. 

In  order  more  fully  to  realize  the  overshadowing  attraction  exer- 
cised by  the  Porcupine  gold  fields,  it  is  sufficient  to  observe  the  tre- 
mendous increase  in  the  provincial  gold  production  directly  conse- 
quent upon  the  Porcupine  discoveries.  In  1911  the  yield  of  gold  in 
Ontario  was  $42,687.  In  1912  it  had  risen  to  $2,114,086;  in  1918  to 
$4,658,518,  and  in  1914  to  $5,629,767,  when  for  the  first  time  Ontario 
assumed  the  lead  in  gold  as  produced  by  the  various  Provinces  of 
Canada.  In  1915  the  provincial  production  reached  $8,501,891, 
while  in  1916  the  returns  indicate  a  yield  of  about  $10,000,000. 

Now,  with  these  figures  in  view,  it  is  not  surprising  that  the  gold 
fields  of  the  I^ke  of  the  Woods  watershed  are  at  present  more  or 
less  in  a  state  of  practical  neglect  It  is  certain,  howevei'  and  thw 
is  the  view  expr^sed  by  the  provincial  mining  authorities— that  in 
the  future  there  will  be  renewe<l  development  of  gold  mining  upoD 
this  watershed.  The  ore  there  while  not  generally  high  in  grade  it, 
for  the  most  part,  free  milling.  In  the  past  the  heavy  coti  of  eqirip- 
mcnt  and  transportation,  aroonipnnied  too  frequently  by  imprudent 
and,  comparatively  speaking,  unduly  expensive  methodl  of  mining, 
have  borne  heavily  upon  the  returns  fr^  the  variotti  minM.  The 
gold  deposits  of  these  western  mining  fields  are  by  no  OMU 
out,  and  many  properties  only  require  the  application  of  OKirt 
nomical  equipment  and  more  scientific  and  up-to-date  meam  of 
reclamation  in  order  to  insure  profitable  returns.  Wood,  water,  nid 
labor  are  at  hand,  and  in  fact  all  eMentialt  tre  iTalUble  to  mathk 
■killful  and  prudent  mining  to  obtain  adequate  ranuDtritian. 

Another  deterring  influence  now  preaent  is  the  eondMon  of  affairs 
growing  out  of  tlic  European  war.  When  normal  eonditions  ars 
restored,  a  further  period  of  activity  seams  a»ared,  and,  indeed, 
preaent  indications  point  to  an  early  mining  revival  in  the  Laka  ol 
the  Woods  district 


178       FINAL  EEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

As  already  mentioned,  the  Lake  of  the  Woods  region  contains 
mineral  deposits  other  than  gold.  Mr.  Andrew  C.  Lawson,  in  his 
"  Report  on  the  Geology  of  the  Lake  of  the  Woods  Region,"  ^  says : 

silver  occurs  in  the  auriferous  quartz  veins  of  the  Lake  of  the  Woods,  gen- 
erally as  an  accessory  mineral,  in  small  quantites,  but  sometimes,  as  the  assays 
of  the  ore  of  the  Pine  Portage  mine  show,  in  greater  proportions  by  weight  than 
the  gold.  No  leads  sufficiently  rich  in  silver  ore  to  be  mined  for  that  metal  have 
as  yet  been  discovered. 

Copper  pyrlte  Is  of  very  common  occurrence  in  leads  of  quartz,  both  of  those 
that  have  been  mined  for  gold  and  those  that  have  not  warranted  such 
operations.  It  Is  not  found,  however,  in  sufficient  quantities  to  be  worked  as 
an  ore  for  copper,  and  the  likelihood  of  copper  mining  becoming  an  industry 
here  is  a  matter  to  be  determined  very  largely  as  yet  by  the  discoveries  of  the 
prospector. 

Recently,  deposits  of  copper  have  been  discovered  in  the  Rainy 
River  district  near  Mine  Center,  which  are  described  as  very  rich. 
These  deposits  are  already  being  mined.  The  country  immediately 
adjoining  the  Lake  of  the  Woods  watershed  to  the  north  and  east 
has  also  been  found  to  be  highly  metalliferous!  It  is  claimed  that 
remarkable  copper  deposits  have  been  discovered  within  the  last  year 
near  Kashabowi,  just  outside  the  watershed  boundary. 

The  development  of  the  iron-ore  district,  on  the  Minnesota  side  of 
the  watershed,  dates  from  1880.  The  first  shipment  of  ore  was  made 
in  1884.  During  the  year  1915,  1,656,465  tons  of  ore  were  shipped 
from  the  Vermilion  Range.  The  ore  reserves  in  the  ground  in  1915 
on  the  Vermilion  Range  were  10,209,902  tons. 

The  Mesabi  Range  lies  mainly  contiguous  to  the  watershed,  only  a 
small  portion  of  the  easterly  end,  containing  low-grade  ore,  lying 
within  its  limits.  The  first  real  prospecting  on  the  Mesabi  Range 
was  done  in  1890,  in  the  vicinity  of  Mount  Iron.  The  largest  mine 
on  the  Mesabi  Range  shipped  2,311,923  tons  in  1915.  The  entire  ship- 
ment from  the  Mesabi  Range  in  1915  was  29,633,046  tons,  and  the 
ore  reserves  for  1915  totaled  1,382,644,910  tons.  In  1910  there  were 
108  mines  in  St.  Louis  County,  employing  17,643  men  at  an  average 
wage  of  $2.65  per  day.  It  was  estimated  that  85,000  people  in  St. 
Louis  County  were  directly  dependent  upon  the  iron-mining  indus- 
try for  a  living. 

On  the  Canadian  side,  discoveries  of  iron  have  from  time  to  time 
been  reported,  but  up  to  the  present  time  no  serious  attempts  have 
been  made  to  develop  mines.  So  far  as  the  Lake  of  the  Woods  proper 
is  concerned,  Mr.  Lawson  wrote  in  1885 : 

Deposits  of  iron  ore  have  not  been  found  as  yet  on  the  lake,  although  a  large 
proportion  of  the  rocks  is  very  rich  in  disseminated  magnetite.  Magnetic  sand, 
derived  from  the  decomposition  of  the  Laurentian  gneiss,  occurs  on  the  west 
side  of  Falcon  Island,  in  stratified  layers,  which  have  evidently  been  so  arranged 

^Geological  Survey  of  Canada  Report,  1888. 


Platk  40. 


IRON    ORE,  HUNTERS   ISLAND. 


FINAL  KEPOBT  OF  THE  INTERBTATIOFAL  JOINT  COmOBSIOH.      179 


by  the  sifting  action  of  the  waves  on  the  beach,  separating  oat  the  heavy 
netlte  from  the  light,  siliceoas,  and  feldspathic  grains.  The  line  of  M|Mmitloii 
between  the  b1ac]<  magnetic  sand  and  the  light  yellow  sand  Is  •  wy  fliartwft 
one,  and  the  percentage  of  magnetite  in  the  former  Is  Uurg«^  toot  the  depoilt 
is  an  extremely  recent  one  and  the  abundance  of  the  masnetlc  mid  Is  not  so 
much  as  to  be  of  economic  importance. 

At  Atikokan,  in  the  upper  part  of  the  watershed,  hematite  ore 
was  for  a  time  mined.  In  the  Hunter  Island  district  diamond  drill- 
ing has  revealed  the  presence  of  extensive  and  valuable  deposits  of 
iron  ore,  which  sooner  or  later  will  undoubtedly  be  worked.  There 
is  reason  to  believe  that  systematic  exploration  will  reveal  the  pres- 
ence of  other  iron-ore  bodies  on  the  northern  extensions  in  Canada 
of  Minnesota  iron  ranges,  which  lie  but  a  short  distance  south  of 
the  international  boundary  line. 

In  regard  to  other  minerals  in  the  Lake  of  the  Woods  watershed, 
the  following  may  be  quoted  from  Mr.  Lawson's  report : 

Zinc-blende  and  galena  are  not  uncommon  In  such  qoartx  veins  as  bare  baas 
opened,  and  I  have  found  both  In  small  quantities  In  different  parts  of  tb«  dl^ 
trlct 

Molybdenite  occurs  iu  small  veinules  traversing  Um  granatold  gnalas  of 
Quarry  Island,  and  I  have  been  given  large  sped  mens  of  the  saow  aMtarlal 
said  to  have  been  found  in  the  bush  t>etween  Roaaland*  and  the  Lake  of  tbe 
Woods. 

Antimony  ore  Is  said  to  have  been  found  In  Ptarmigan  Bajr.  hot  not  oo  ter 
as  I  could  ascertain  In  any  considerable  quantity. 

Cobalt  is  found  to  occur  In  tracee.  Mlaplckel  and  Iron  pgrrlte  are  eoaapare* 
tlvely  abundant  In  veins  of  various  dlmcnalooa.  tbe  larfv  of  wbldi  SMJ  peeve 
of  value  should  the  uanufncturo  of  arsenic  and  eolpbvle  add  ever  boeoae 
profitable  In  this  part  of  tbe  country. 

In  conclusion,  it  may  be  emphasized  that  in  the  dereloproent  of  the 
mining  bdustry  throughout  this  wide  region,  hoUi  in  the  United 
States  and  in  Canada,  navigation  facilities  are  of  tht  grsniMt  Im- 
portanoe,  especially  as  this  mode  of  transport  is  pnetknUy  tkt 
only  means  available  by  which  certain  exIeiisiTe  srssn  may  bt 
reached.  Free  access  by  water  is  essential  not  only  to  wummm 
islands  in  the  Lake  of  the  Woods,  Rainy  Lake,  and  other  lakM  iHlhiB 
the  watershed  containing  mineral  depoaitSi  but  ahn  to  grsal  atnlelHt 
of  the  mainland  which  at  present  and  probably  for  mmm  jmn  ttb 
come  will  be  remote  from  railways  or  eTsn  roadi* 

I A  iMtat  oa  tbs  Osasdlsa  PsdSs  BaUway.  • 
MsrsMh. 


IX.— FISHERIES. 

The  first  white  fishermen  on  the  Lake  of  the  Woods  of  whom  we 
have  any  record  were  the  men  of  La  Verendrye's  exploring  expedition 
in  1733-34.  As  already  indicated,  De  Noyon  had  reached  the  Lake 
of  the  Woods  some  45  years  earlier,  and  it  is  probable  enough  that  he 
and  his  men  may  have  drawn  some  of  their  food  supplies  from  the 
teeming  waters  of  the  lake,  but  that  is  only  conjecture,  as  the  meager 
record  of  his  journey  is  silent  on  the  subject.  The  same  thing  may 
be  said  of  La  Noue's  expedition  to  Rainy  Lake  in  1717  or  1718. 

In  La  Verendrye's  journal  ^  of  1733  he  says: 

The  heavy  rains  of  the  spring  had  been  Incessant  and  had  done  great  damage 
to  the  wild  oats  (wild  rice)  on  which  we  were  counting,  which  puts  us  in  a 
difficult  position  as  we  had  not  enough  of  provisions  to  last  the  winter.  I 
bethought  me  to  send  10  men  to  the  other  side  of  the  lake  (Lalse  of  the  Woods), 
which  is  25  leagues  wide,  with  tools  for  building  themseves  a  shelter  at  the 
mouth  of  a  river  running  in  from  the  north-nortlieast,  and  with  nets  for  fishing. 
They  caught  that  autumn  (1733)  4,0(X)  big  whltefish,  not  to  speak  of  trout, 
sturgeon,  and  other  fish  in  the  course  of  the  winter,  and  returned  to  Fort  St. 
Charles  on  the  2d  of  May,  1734,  after  the  ice  had  melted.  Thus  they  lived  by 
hunting  and  fi.shing  at  no  expense.  The  rain  that  had  done  us  harm  in  the 
spring  troubled  us  again  in  the  jnonth  of  September.  It  rained  so  heavily  from 
the  6th  to  the  14th  of  September  that  for  a  long  time  the  water  of  the  lake  was 
so  dlscoloreil  that  the  savages,  of  whom  there  were  a  great  many  at  our  fort, 
could  not  see  to  spear  the  sturgeon,  and  had  nothing  to  eat.  In  this  extreme 
nee<I  of  theirs  I  made  over  to  them  the  field  of  Indian  corn  which  I  had  sowed 
in  the  spring. 

There  can  be  no  doubt  that  the  Indians  of  the  Lake  of  the  Woods 
had  carried  on  primitive  fisheries  in  the  lake  long  before  white  men 
penetrated  so  far  to  the  west.  The  narratives  of  all  the  early  trav- 
elers, explorers,  and  fur  traders  make  it  clear  that  the  Chippewa,  who 
inhabited  the  region,  as  well  as  the  Monsoni  and  Cree  who  frequented 
its  waters,  in  their  early  history,  depended  largely  on  fish  for  food.^ 
Joseph  La  France,  who  traveled  westward  through  Rainy  Lake, 
Rainy  River,  and  the  Lake  of  the  Woods,  in  1740,  says : 

He  passed  the  Lake  la  Pluie  (Rainy  Lake)  in  the  latter  end  of  April  and 
beginning  of  May,  and  stayed  10  days  at  the  fall  with  the  Monsoni,  where  they 
fish  with  nets  at  the  bottom  of  the  fall.  They  have  two  great  villages,  one 
on  the  north  side,  and  the  other  on  the  south  side  of  the  fall.  The  River  la 
Pluie,  which  falls  from  the  lake,  is  a  fine  large  river  which  runs  westward, 
and  is  about  3  furlongs  in  breadth ;  its  course  is  about  60  leagues  before  it  falls 

1  Journals  of  La  V^rendrye.     Champlain  Society,  Toronto. 
*  Hodge,   Handbook  of  American  Indians. 
180 


FINAL  BEPOBT  OP  THE  INTEBNATIONAL  JOnTT  COXMIBBIOV.      181 

into  the  Lake  Ehi  Bois,  or  Des  Isles  (Lake  of  the  Woods),  and  Is  free  firon 
cataracts,  having  only  two  sharp  streams.  He  was  10  days  going  down  It  In  his 
canoe;  the  whole  country  along  its  banks  is  full  of  fine  woods.  In  which  are 
great  variety  of  wild  fowl  and  beasts,  as  wild  beavers,  stags,  elk,  deer,  etc, 
and  the  river  and  adjoining  lakes  full  of  excellent  flab.  This  river  Calls  Into 
the  Lake  Du  Bofs,  where  he  arrived  about  the  end  of  May.  This  lake  la  very 
large  and  filled  with  fine  islands;  he  was  30  days  in  passing  It,  fishing  and 
hunting  as  he  went  with  the  natives,  and  stayed  a  month  in  one  of  the  tftawtff 
with  the  Slonsoni  and  Sturgeon  Indians,  who  live  on  the  north  side  of  this  lake^ 
and  meet  in  that  island  to  be  merry  and  confirm  their  friendship  and  aBlance; 
these  last  are  called  so  from  the  great  number  of  sturgeon  taken  In  thin  Imke, 
which  is  the  greatest  part  of  their  provisions.* 

Jonathan  Carver'  was  at  Grand  Portage,  at  the  western  end  of 
Lake  Superior,  in  July,  1767,  and  in  his  Travels  describes  the  lakes 
to  the  westward,  probably  from  accounts  he  received  from  the  fur 
traders  at  Grand  Portage.  He  says  that  all  these  lakes  were  stored 
with  fish,  such  as  trout  and  sturgeon. 

Alexander  Henry  *  descended  Kainy  River  in  1775  and  says  that 
at  the  mouth  of  the  river  there  was  "  an  Indian  village  of  a  hundred 
souls,  where  we  obtained  a  further  supply  of  fish.  Fish  appears  to 
be  a  summer  food." 

Peter  Grant,*  who  was  in  charge  of  Rainy  Lake  House  in  1799, 
says  that  Rainy  River,  or  "  River  of  Lac  La  Pluie,"  as  he  calls  it, 
"abounded  with  sturgeon  and  various  kinds  of  fish,  to  which  the 
natives  have  recourse  iu  times  of  scarcity."  He  gives  the  foUowing 
interesting  description  of  the  methods  of  fishing  employed  by  the 
Chippewa  Indians,  whi(*h  were  probably  very  little  diuiged  fron 
those  they  used  before  white  explorers  and  traders  first  came  amoag 
them: 

They  fish  with  nrtn,  hooks,  lln««,  ami  KiMmrs.  bat  thegr  have  ■  ■wfthiwl  of  taktat 
storgeon  witli  a  kind  tif  drugnc^  or  M<lue  which.  I  hellevs^  Is  psmliar  to  il 
selves.  The  net  used  fbr  this  purttoae  Is  aboat  90  fMC  loag  hgr  •  fWH  dea^ 
shat  doable.  It  Is  drasRed  between  two  small  eanoas  havlat  two  oma  la 
while  the  bowmen  iwildir  gently  down  the  atrsam,  the  ueo  In  the  atami 
the  seines  by  means  of  long  curtls  fixed  to  aadi  end  and  which  can  be  ahertaesd 
or  lengthened  aecordlnir  to  the  depth  of  water  aad  Ite  wlah  of  the  aMaeara 
Two  stones  are  snspended  trom  the  lower  sods  of  the  aalBsa»  hgr  wMdi  tiM 
nature  of  the  bottom  and  the  aoondlngs  are  aaeartalaed.  a  vary  neemniy  pre* 
rnntinn  to  keep  the  whole  rloar  of  foul  bottom.  The  coarse  of  the  cannsa  nraai 
form  nn  obtuse  angle  with  the  middle  of  the  aalne.  Those  nets  are  swalad  like 
the  Bngtish  dragneta.  with  small  knobe  of  eM|ar  ftied  to  the  eppsr  hordir 
Insfeaad  of  ooHl  When  by  the  vibratloB  of  the  cords  thay  pereMve  that  flrii  la 
tamo  they  Instantly  haul  up  aad  paddle  wllh  aU  Unlr  altf*  ta  Mas  the 


t  Jesvpti  lA  Tnknetrt  aamttv*.  la  "IvpoH  fieai  the  tiailtm 
lata  th»  iitat*  iin«  ceatttlea  of  the  «eaatft«  sdlnlBlas  to  BatMaB  Bay  aai  the 

'Tr,^.•l•  Thrtms'  rta  of  NoTth  Awotca.  p.  ML 

•  I  rnrru  Rtiii  Aih  mu  «ti4  til*  iMltea  TViitterts^  pk  Ml. 

«  -Tb*  KnuiKui   luauaa.  u  Ms^Ma,  Deaifeto  Se  Is  CM^ayaie  es  K««a 
II.  p.  811. 


182       FINAL  EEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

canoes  together  and  thereby  shut  up  the  fish  in  the  seine.  This  raetho<l  of  fish- 
ing Is,  of  course,  practicable  only  in  rivers,  narrow  channels,  and  small  bays 
where  the  bottom  is  clear. 

Elsewhere  Grant  says  that  the  Chippewa  in  the  spring,  when  the 
hunting  season  is  over,  "  generally  assemble  in  small  villages,  either 
at  the  trader's  establishment  or  in  places  where  fish  or  wild  fowl 
abound ;  sturgeon  and  whitefish  are  most  common,  though  they  have 
abundance  of  pike,  trout,  suckers,  and  pickerel."  "  They  sometimes," 
he  adds,  "  have  the  precaution  to  preserve  some  for  the  summer  con- 
sumption. This  is  done  by  opening  and  cleaning  the  fish  and  then 
carefully  drying  it  in  the  smoke  or  sun,  after  which  it  is  tied  up 
very  tight  in  large  parcels,  wrapped  up  in  bark,  and  kept  for  use." 

Daniel  Williams  Harmon,^  of  the  North  West  Company,  who 
visited  Rainy  Lake  Fort  in  the  year  1800,  says  that  Rainy  Lake  and 
Rainy  River  "are  said  to  contain  excellent  fish,  such  as  sturgeon, 
whitefish,  etc." 

In  the  summer  of  1800  Alexander  Henry,*  nephew  of  the  elder 
fur  trader  of  the  same  name,  also  traveled  to  the  western  plains  by 
the  same  route.  He  spent  the  night  at  the  trading  post  of  the  North 
West  Company,  a  little  below  the  present  town  of  Fort  Frances.  In 
continuing  down  the  river,  he  says: 

We  have  great  plenty  of  sturgeon  at  present.  •  *  •  We  camped  below 
Manltou  Rapids,  where  we  found  .several  Indians  fishing.  They  had  a  great 
many  sturgeon  and  various  kinds  of  small  fish,  a  few  of  which  were  exchanged 
for  liquor. 

Crossing  the  Lake  of  the  Woods,  he  says : 

We  found  a  number  of  Indians.  •  •  ♦  We  purchased  a  few  fish  and  dried 
liurtleberries.  •  •  *  We  had  left  them  but  a  short  time  when  a  sturgeon 
almost  Jumped  into  my  canoe;  his  head  struck  the  gunnel  near  one  of  the  men 
who,  instead  of  taking  hold  of  him,  gave  a  scream,  and  the  fish  fell  into  the 
water  again. 

Alexander  Mackenzie,"  writing  about  the  end  of  the  eighteenth 
century,  says  that  Lake  Naraakan,  east  of  Rainy  Lake,  "takes  its 
name  from  a  particular  place  at  the  foot  of  a  fall  (Kettle  Falls), 
where  the  natives  spear  sturgeon."  Of  Rainy  River  he  says  that 
"its  waters  abound  in  fish,  particularly  the  sturgeon,  which  the 
natives  both  spear  and  take  with  drag-nets." 

John  ^IcLoughlin,  in  the  manuscript  narrative  elsewhere  alluded 
to,  says :  "  The  fish  got  in  these  lakes  and  rivers  are  sturgeons,  pike, 
pickerel,  whitefish,  trout,  and  suckers." 

So  much  for  the  early  explorers  and  fur  traders.  From  later 
travelers  some  additional  information  may  be  gleaned  bearing  upon 
the  subject  of  the  fisheries  of  the  Lake  of  the  Woods  and  its  tributary 

i.Tonrnal  of  Voyages  and  Travels,  p.  19. 

*  New  Light  on  the  Early  History  of  the  Greater  Northwest,  I,  pp.  20,  23. 

*  Voyages  from  Montreal  Through  the  Continent  of  North  America,  p.  xcl. 


FINAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  twanMnmtiim.      Ig3 

waters.  Keating,^  in  his  narrative,  says,  that  the  principal  fidi  in 
Rainy  River  is  the  sturgeon.  He  visited  Rainy  Lake  Fort  in  Auguflt, 
1823,  and  says  that  the  soldiers  of  his  party  "  were  kept  busy  while 
encamped  at  the  fort  in  fishing  for  the  pike  and  fresh-water  salinoD 
which  are  found  in  great  abundance  at  the  falls." 

Paul  Kane,  in  his  entertaining  account  of  his  journey  across  the 
continent  in  1845,  says : 

Vast  quantities  of  whiteflsh  and  sturRoon  an-  tiiitfn  nt  the  foot  of  the  rapids 
(Fort  Frances)  with  which  our  mess  table  at  the  fort  was  abuodantly  Mp> 
plied ;  Indeed,  the  chief  food  here  consists  of  flsh  and  wild  rice. 

In  crossing  the  Lake  of  the  Woods,  he  adds : 

We  met  some  Indians  from  whom  we  purchased  seven  fine  itarnoM.  «ach 
weighing  perhaps  40  or  50  pounds.    We  paid  for  the  whole  one  cotton  •hlrt.* 

Returning  by  the  same  route  in  1846,  Kane  spent  a  day  or  two  at 
Rat  Portage  (Kenora).  "The  Indians  there,"  he  says,  ^^dubeist  on 
sturgeon  and  whitefish  in  the  summer  and  rice  and  rabbits  in  the 
winter.  We  rested  ourselves  here  for  two  days  and  employed  our- 
selves principally  in  feasting  on  whitefish."  .Vt  Fort  Frances,  be 
notes  in  his  journal: 

Tho  Indians  catch  great  quantities  uf  sturgeun  at  tlie  fuut  of  thtm  falia  In 
the  month  of  June.  The  sturgeuo  here  are  very  small  — Idotn  weighing  mora 
than  40  or  50  iM)unilK— at  least  In  comparison  with  those  taken  at  the  monlh 
of  Fnizt'p'H  River  on  the  west  side  of  tJie  mountnlnM,  whli'h  often  weigh  fhMB 
8  to  7  hundredweight  •  •  •  The  Indians  live  here,  bn  at  Rat  Fortace.  on 
rice,  flsh,  and  rabbits. 

W.  F'.  Butler,*  in  one  of  his  entertaining  narratives  of  t  r 
Northwest,  describes  the  Lake  of  the  Woods  and  Rainy  liiv       >    '  i  . 
were  in  1870,  and,  referring  to  the  tributariee  of  the  latter,  my: 

It  Ih  down  thoM  rivers  that  the  American  Indiana  cohm  to  ttkt  Aw  MergMn 
In  Uainy  Ulver. 

In  1910  the  United  SUtes  National  Museum  publiahetl  a  memoir 
on  "  The  Fishes  of  the  Lake  of  the  Woods  and  Conneciinc  Wnlww" 
by  Harton  Warren  Evennann  and  Homer  Barktr  Lttintr,  of  tbt 
United  States  Bureau  of  Fisheries.  This  is  the  arsi  report  thai  hM 
been  published  on  the  subject.  In  1894  Prof.  Albert  J.  Wnohwan  and 
Prof.  Ulysses  O.  Cox  made  a  collection  of  fliheg  obUimxi  in  ihe  Ukt 
of  the  Woods  region,  but  no  formal  report  wis  publialied.  Thb  col- 
lection was  n::ide  tmder  the  direction  of  the  lUthbun-Wtknham  Joint 
Commission  relative  to  the  preeervation  of  tht  flsherica  in  waiem 
contiguous  tn  Canada  antl  the  United  States.  In  AuguH,  1908,  and 
again  in  lOOii,  the  International  Fiaheriei  Commiaion  Tiiitad  lUInx 
Uke  and  the  Lake  of  the  Woods  and  obtained  ipedmioa  of  lome 
of  the  food  fishes  at  weU  at  mnch  TaloaMa  data  copcwniag  tba  thfc- 

» Nsmtiv*  of  «a  Btpsdlttoa  to  tlM  Soer«o  ol  tl.  M»ts  IH**. 

•  WueoHiiii  ot  SB  Artist  AiMas  tlw  taeiaas  of  Kortk  AaiM«<«,  »^  et.  4aL 

•  THo  Orost  Lfoeo  Ub4.  ^  tes. 


184       FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

eries  of  those  waters.  Dr.  S.  E.  Meek,  of  the  Field  Museum  of  Nat- 
ural History,  Chicago,  who  visited  the  Lake  of  the  Woods  and  Eainy 
Lake  in  October,  1908,  in  connection  with  the  work  of  the  Interna- 
tional Fisheries  Commission,  collected  a  considerable  number  of 
specimens  of  food  fishes  and  some  information  concerning  the  fish- 
eries of  those  waters.  This  is  practically  all  that  had  been  accom- 
plished previous  to  the  brief  report  of  Messrs.  Evermann  and 
Latimer. 

From  such  published  records  as  were  available,  and  from  data  fur- 
nished by  Mr.  Paul  Marschalk,  of  Warroad,  Minnesota,  and  Captain 
Arthur  Johnson,  of  Kenora,  Ontario,  the  authors  of  the  report  com- 
piled a  series  of  tables,  which,  though  far  from  complete,  are  of 
interest  and  value.  From  these  tables  it  appears  that  the  pound-net 
catch  of  whitefish,  yellow  pike,  jackfish,  and  sturgeon  in  the  Lake  of 
the  Woods  from  1888  to  1909,  both  inclusive,  amounted  to  22,891,671 
pounds,  valued  at  $781,795,  of  which  17,878,306  pounds,  valued  at 
$582,788,  are  credited  to  the  United  States,  and  5,103,365  pounds, 
valued  at  $195,201,  are  credited  to  Canada.  These  and  other  figures 
in  the  memoir  relating  to  the  Canadian  catch  are  considerably  below 
those  obtained  from  sources  in  Canada.  It  is  probable  that  they 
represent  the  Canadian  catch  shipped  through  Warroad  and  do  not 
include  quantities  shipped  through  Kenora.  (See  Appendix.)  The 
gill-net  catch  of  whitefish,  yellow  pike,  and  jackfish  in  the  Canadian 
waters  of  the  Lake  of  the  Woods,  in  1892  to  1909,  is  given  as  3,663,394 
pounds  valued  at  $120,760.  The  total  pound-net  and  gill-net  catch 
for  the  period  1888  to  1909,  so  far  as  stated  in  this  memoir,  is  there- 
fore 26,555,065  pounds,  of  a  value  of  $900,109.  This  includes  figures 
for  the  catch  at  Oak  Island,  in  1900,  1902,  1907,  and  1908.  The 
tables  in  the  Appendix  bring  the  figures  down  to  and  including  1914. 
High-water  mark  seems  to  have  been  reached  in  1894,  when  the  total 
catch  reached  3,125,835  pounds,  valued  at  $88,225.  Particulars  of 
the  Rainy  Lake  catch  are  only  available  for  1908,  when  the  total  was 
160,000  pounds,  valued  at  $4,050.  The  commission  has,  however, 
since  obtained  the  following  particulars  as  to  the  Rainy  Lake  fisheries 
in  1916 :  Canadian  fishermen  operating  under  licenses  granted  by  the 
Province  of  Ontario  numbered  62  and  operated  36  boats,  including  18 
gasoline  boats,  valued  at  $8,290.  The  value  of  pound  nets  was  $5,500 
and  of  gill  nets  $4,610.  Ice  houses  and  freezere  amounted  to  $2,325 
and  wharves  and  piers  $555.  The  total  value  of  fish  caught  by 
Canadian  fishermen  in  1916  was  $25,133.19,  making  the  total  value 
of  the  Canadian  fisheries  in  Rainy  Lake  in  1916,  $46,413.19.  These 
figures  do  not  include  value  of  fish  caught  by  Indians  and  sportsmen. 
For  the  same  year  there  were  43  United  States  fishermen  engaged 
in  the  fisheries  on  Rainy,  Kabetogama,  Namakan,  vSand  Point,  and 
La  Croix  Lakes  under  licenses  granted  by  the  Minnesota  Game  and 


FINAL  BEPOBT  OF  THE  INTEBNATIONAL  JOIST  OOMMIBSIOH.      185 

Fish  Commission.  Seventy-three  boats,  including  30  gasoline  bo«U» 
of  a  value  of  $20,000,  were  employed.  The  value  of  pound  neU  was 
$8,250  and  of  gill  nets  $1,960.  Ice  houses,  freezers,  and  other  build- 
ings, with  wharves  and  piers,  were  valued  altogether  at  $16^600.  The 
total  catch  of  fish  was  200,492  pounds,  valued  at  $11 ,291.62.  Tbe 
total  value  of  the  United  States  fisheries  in  these  waters  wss  there- 
fore $58,104.62.  The  Indian  catch  in  both  Canadian  and  United 
States  waters  for  the  year  is  estimated  at  over  $5,000. 

The  Evermann  and  Latimer  report  contains  some  interesting  par- 
ticulars as  to  the  sturgeon  fishery  of  the  Lake  of  the  Woods. 

"  Lake  of  the  Woods,"  they  say,  "  is  the  greatest  sturgeon  pood  in 
the  world.  Up  to  about  1892  sturgeon  swarmed  in  this  lake  in  almost 
incredible  numbers.  In  that  year  the  sturgeon  fishery  began  to 
assume  considerable  proportions.  By  1893  to  1896  it  had  beoome 
of  great  importance.  In  1898  the  catch  in  .\merican  waters 
amounted  to  1,300,000  pounds,  valued  at  $26,000.  The  yield 
of  caviar  in  the  same  year  amounted  to  97..%00  pounds,  valued  at 
$19,500;  and  the  amount  of  sturgeon  sounds  wss  5,880  pounds. 
valued  at  $5,830.  Thus  the  total  for  1893  was  1.408.880  pounds, 
valued  at  $51,330.  By  1903  the  sturgeon  catcli  had  dwindled  to  4&,S89 
pounds,  worth  $2,714,  and  the  caviar  taken  in  that  year  amounted  to 
only  1,550  i>ounds  and  vulued  at  $1,240.  Since  1903  the  catch  of 
sturgeon  has  fluctuated  somewhat,  but  has  always  been  low.  In 
1908,  in  American  waters,  it  amounted  to  87,182  pounds,  worthr 
$8,718.  According  to  local  fishermen  there  has  been  a  sli|^t  incrssas 
in  the  number  of  sturgeon  in  the  Isst  few  yeara.  They  constituta  a 
large  part  of  the  pound-net  cstch.  A  4foot  aturgoou  will  dresi 
al»out  15  pounds,  which  is  too  arosU  for  a  minimum  sixe;  it  would  be 
l)etter  to  make  20  pounds  dressetl  the  mtninuini.  Tlie  spawotnf 
season  is  in  the  spring  and  is  probably  over  by  the  end  of  liajr. 
The  principal,  if  not  the  only,  spawning  ground  is  Kainy  Bhrer." 

I'roiM  tito  table  of  Ktati.stios  of  the  aturfeon  fli^nr  from  IMK  to 
liX)9.  both  inclu5tive,  it  apiwsra  thst  the  total  yield  was  11.59S,M0 
pounds  of  a  value  of  $5&8,606.  Thess  were  the  pricr»  paid  to  the 
fi.sluMuion  at  their  fisheries.  No  figurss  are  g'lwn  for  the  Cansdlsn 
catch  from  1888  to  1891,  and  presumably  the  Canadian  fislMry  staina 
in  1892,  as  the  catch  was  a  oomparstively  smsll  one  in  that  year. 
The  catch  i(«e  mpidly  from  40,000  pounds  in  1888  '  --  .  i 
pounds  in  1898.  In  that  year  128,750  pounds  of  caviar  ^^ 
of  a  value  of  $24,760.  The  sturgeon  fisheries  remainvtl  artMiod 
1,500,000  pounds  per  annum  from  1898  to  1896,  when  th^  began  to 
diminish  and  dropped  rapidly  to  a  toUl  of  53^16  pounds  in  1909. 

'*The  great  decrease  in  the  sturgeon  catch  of  the  Lake  of  tbe 
Woods,"  say  the  authors  of  this  paper,  **  is  without  dtMibt  chisfiiy  due 
to  overflalun^,  although  it  '\»  claimed  bj  local  interests  tluit  reosnl 


186       PINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

years  show  a  slight  increase  in  the  catch  and  the  statistics  sustain  this 
contention.  There  is  no  evidence  that  the  sturgeon  have  actually 
increased  in  abundance.  This  increased  catch  is  more  likely  due  to 
closer  fishing  than  to  an  actual  increase  in  tlie  abundance  of  the 
species.  The  International  Fisheries  Commission  is  of  the  opinion 
that  all  sturgeon  fishing  in  these  waters  should  cease  for  a  period  of 
four  years." 

It  is  interesting  to  note  that  while  in  1888  3,000  pounds  of  caviar 
sold  for  only  $300,  in  1909  729  pounds  were  sold  for  $1,093. 

Archibald  Blue,  in  his  "  Tour  of  Inspection  in  Northwestern 
Ontario,"  says : 

FlHhing  Is  now  a  very  IniiwrtHnt  Industry  hi  Lake  of  the  Woods.  There  are 
stations  on  all  the  principal  bays,  and  a  number  of  tugs  are  employed  to  make 
regular  rounds  and  convey  the  catch  to  Rat  Portage,  where  shipments  are 
made  to  Winnipeg,  St.  Paul,  Minneapolis,  and  other  markets  throughout  the 
Northwest.  The  sturgeon  and  whiteflsh  of  Lj'.ke  of  the  Woods  are  of  excellent 
quality;  but  at  the  rate  at  which  o|)eratlons  have  been  carried  on  during  the 
last  two  years  it  is  feared  that  the  waters  will  soon  be  fished  out.  The  roe  of 
sturgeon  is  shipped  in  large  quantities  to  Europe,  where  It  Is  manufactured  Into 
caviar.* 

At  the  1912  hearings  held  by  the  commission  at  Warroad,  some 
testimony  was  oflfered  by  Mr.  Paul  Marschalk  as  to  the  fisheries  of 
the  Lake  of  the  Woods.  In  reply  to  the  question  (p.  97)  "  In  what 
respect  does  the  level  of  the  lake  affect  the  fishing  interests  ? "  Mr, 
Marschalk  replied, "  Too  high  a  level  is  apt  to  overflow  the  low  shores 
and  carry  the  muskeg  into  the  lake,  and  dirty  the  water,  and  the  fish 
will  die  and  become  unfit  for  food." 

On  the  same  point  Mr.  Edwin  Tinsley,  superintendent  of  game 
and  fisheries  of  Ontario,  said  (p.  171) : 

There  is  one  matter  that  Is  of  vital  Importance  to  the  fisheries  and  should 
not  be  overlooked,  and  that  is  the  effect  of  the  lowering  of  water  upon  fish 
spawn.  During  the  spawning  season  of  certain  species  of  fish  If  the  water  were 
lowered  It  would  leave  the  spawn  high  and  dry  on  the  land,  there  to  rot,  and  as 
the  Lake  of  the  Woods  is  one  of  the  most  important  lakes  In  the  Province  and 
will  in  time  become  even  more  of  an  attrsiction  to  the  tourist  than  it  Is  to-day, 
the  protection  of  the  fisheries  is  of  the  utmost  importance.  Indeed,  this  depart- 
ment would  not  be  inclined  to  consider  favorably  any  request  for  the  restocking 
of  these  waters  If  they  had  not  the  assurance  that  the  spawn  of  the  fish  they 
deposited  therein  would  be  properly  protected.  I  am  now  dealing  principally 
with  the  game  fish,  but  as  commercial  fishing  is  carried  on  to  quite  an  extent 
in  the  Lake  of  the  Woods,  the  effect  of  the  lowering  of  water  on  that  class  of 
fish  should  be  considered, most  carefully.  It  is  of  the  greatest  importance  to  the 
Province  that  the  water  in  this  lake  should  not  be  lowered  from  the  pre- 
vailing high-water  line. 

At  the  1915  hearings  in  Warroad  Mr.  Marschalk  again  gave 
evidence  as  to  the  fisheries  of  the  Lake  of  the  Woods,  and  repeated 

1  Fifth  Report  of  the  Ontario  Bureau  of  Mines,  1895,  p.  167. 


Plate  42. 


LAKE  OF  THE  WOODS  STURGEON. 


FINAL  REPOBT  OF  THE  INTERNATIONAL  JOINT  00MMIS8I0H.      187 

his  statement  that  the  food  fishes  of  the  lake  were  injuriooaly  affected 
by  high  water  in  the  southern  portions  of  the  lake  (p.  192). 

At  the  same  hearing  evidence  was  obtained  from  Prof.  Edward  E. 
Prince,  commissioner  of  fisheries  of  Canada,  and  Canadian  memher 
of  the  International  Fisheries  Commission.  Prof.  Prinoe  aaid 
(p.  267) : 

The  fisheries  certainly  have  declined  daring  the  period  I  have  known  this 
lake,  very,  very  seriously.  Some  of  the  fisheries  which  were  extremrij  Im- 
portant when  I  first  vlslteil  the  Lake  of  the  Wood*  (in  1888  or  18M)  are  now 
practically  extinct.  I  refer  especially  to  the  sturgeon  flatiery  whlcb,  at  «■• 
time,  was  of  prime  importance,  one  of  the  most  valuable  ftriwrtas  oa  tkt 
international  boundary  waters  in  the  Lake  of  the  Woods:  and  tbf»  whiltiik 
fisheries  have  also  declined  very  seriously. 

Prof.  Prince,  being  asked  the  cause  of  this  decline,  said : 

The  main  cause  which,  as  an  exi)ert,  I  should  attribute  this  decline  to.  Is 
over-fishing ;  and  that  Is  the  testimony,  also,  of  the  most  important  experts  wbo 

have  visited  the  Lake  of  the  Woods, 

Asked  as  to  the  effect  of  high  water  on  food  fishes  in  the  Lake  of 
the  Woods,  Prof.  Prince  gave  it  as  his  opinion  that  it  would  not 
have  any  appreciable  effect.  As  between  considerable  fluctuatiou 
in  the  level  and  a  fairly  uniform  level  he  stated  that  the  latter  eon- 
dition  would  be  preferable  for  the  fisheries  (pp.  208-70). 

In  a  communication  to  the  oommisBion,  dated  January  S,  1914, 
Prof.  Prince  submitted  the  following  remarks  on  the  question  of  tlie 
fisheries  and  the  effect  thereon  of  various  levels  in  the  Lake  of  the 
Woods: 


I  have  had  many  opportnnltlee  of  obeervlns  the  efllMl 
of  the  lowering  and  also  of  raising  of  lakes  and  their  trttmtanr 
am  therefore  able  to  qwak  from  a  basis  uf  experteoct  apoo  the  eCect  ea  talk 
and  flsberles  of  the  lowering  of  such  waters  as  those  o(  Lake  of  Om  Wooda 

The  effects  of  lowering  such  waters  are  In  tbe  Bala  thrasMd : 

First  The  spawning  grooods  of  ^tedes  whidi  qpwa  la  eosiparaltvety  akal> 
low  areas,  such  as  starfsoo,  wan<«rid  or  yellow  ptekarei, 
or  ptk<>.  p<>rch«  various  species  of  bsas.  the  saaflsh,  sad  espsdslly 
cyprluolds.  suckers,  and  kinds  of  fish  vpoa  which  iMre  hspermnf 
Injured  by  being  dried  up  and  ezpoeed  to  Altai  laflueoces  of  b««i  sod 

Second.  The  resorts  of  young  fish  of  ntore  valaahle  ipsdes  are  also 
These  fish,  after  hatching  oat,  resort  to  laahore  shallows  aad  the  shores  ef 
Islands  where  their  special  food  shovnda  They  are  else  sale  tnm  the  attacks 
of  mature  flah  In  sucli  ahallow  areas.  WhSB  thai 
tlie  lowering  of  thv  water  they  are  often  rephMid  hy 
abrupt  margins,  and  the  effect  both  apoo  the  flah  sad 
U  disastrous.  Thus  crayfish,  a  kind  of  fresh-water  lohsler.  ebeaad  la  pafsMy 
shallows  and  form  the  apedal  food  of  hasa  pMwel,  aad  estssBsd  feUdi  ef 
flsh,  and  when  the  water  le  loerered  these  crayflah  pert*  li  vest  eetwe. 

Third.  Any  ehaape  la  the  level  of  the  water  ate  ralesas  le  flrii  la  the 
Indicated,  ecpectslly  tf  thsae  areas  are  olil  ssiahltihsil  haya  aad 
flats.   It  Is  a  straaie  fact  that  whea  lahcs  are  lowered  aad  aew 
are  formed  hy  the  reesdiag  water  the  fauna  of  older  anaa  Is  aot 
anew,  nor  are  the  coadlUoos  reprodaced  readily  whkh  arc  approprhiio  la 


188       FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

them  good  spawning  grounds.  Newly  formed  shallows  instead  of  becoming 
feeding  grounds  or  spawning  grounds  become  the  resort  of  enemies  of  fish  of 
various  kinds,  such  us  bullfrogs  and  various  species  of  toads  and  frogs,  which 
are  a  menace  to  young  fish  and  which  occur  far  less  frequently  in  abundance 
on  old-established  gravelly  areas  which  are  the  favorite  resorts  of  young  fish. 

The  considerations  stated  above  are  based  on  observations  made  by  me  not 
only  in  Canada  but  in  Britain.  Many  years  ago  in  Yorkshire  (at  Adeldam, 
near  Harrowgate),  where  the  lowering  of  an  old  lake  abounding  in  fish 
resulted  in  their  total  annihilation,  fish  and  fishing  became  thiugu  of  the  past, 
and  the  lowered  lake  became  a  resort  of  reptiles,  snakes,  lizards,  frogs,  etc., 
and  the  fish  entirely  disappeared.  Again,  four  years  ago  I  observed  on  the 
Upper  Ottawa,  above  Pembroke,  shallow  areas  along  tlie  Ottawa  River  dried 
up  on  account  of  the  lack  of  rain,  and  favorite  resorts  of  fish  diminished  as 
the  water  receded  and  finally  dried  up.  I  personally  noticed  that  as  the 
gravelly  shallows  became  shallower  bullfrogs  Increased  in  numbers,  attracted 
by  the  multitudes  of  young  fish  upon  which  they  feed.  The  young  fish,  in- 
cluding bass,  maskinonge,  jackfish  or  pike,  mullets,  fallfish,  catfish,  sturgeon, 
etc.,  crowded  together,  and  died  in  large  numbers,  or  were  eaten  up  by  frogs 
and  destructive  reptiles. 

On  large  sheets  of  water,  like  Lake  of  the  Woods  and  along  the  Great  Lakes, 
such  disastrous  destruction  of  young  fish  would  result  on  a  vast  scale,  and 
the  Innumerable  islands  existing,  with  shallow  bays  and  extensively  gravelly 
flats,  would  add  to  the  destruction. 

I  may  add  that  whlteflsh  and  trout,  though  naturally  deeper  water  fish,  are 
very  frequently  found  In  Inshore  shallows,  which  they  resort  to  for  the  purpose 
of  feeding  on  minute  crustaceans,  etc. 

Captain  A.  Johnson,  of  the  Armstrong  Fish  Company,  who  gave 
evidence  at  Kenora,  stated  that  about  $150,000  was  invested  in  the 
fi.«hing  industry  on  the  Canadian  side  of  the  lake.^  The  total  invest- 
ment on  the  United  States  side,  as  furnished  by  Mr.  Marschalk  to  the 
consulting  engineers  to  the  commission  is  $79,950. 

At  the  hearing  in  Kenora  in  1915,  it  was  stated  that  the  Dominion 
Government  had  built  a  fish  hatchery  at  that  place  in  1914,  at  a 
cost  of  about  $60,000.2 

For  a  number  of  years  the  Minnesota  State  Fish  and  Game  Com- 
mission has  taken  from  the  streams  of  the  Lake  of  the  Woods  water- 
shed, considerable  quantities  of  pike  spawn  for  distribution  through- 
out of  waters  of  the  state.  The  largest  spawn-distributing  station 
on  the  watershed  is  at  Tower,  on  Lake  Vermilion.  In  recent  years 
the  pike  spawn  has  been  taken  at  Pipestone  Falls,  at  the  outlet  of 
Basswood  Lake;  at  the  mouth  of  Ash  River,  on  its  entrance  to 
Kabetogama  Lake;  on  Lac  la  Croix,  and  at  several  other  localities. 

In  a  statement  given  to  Mr.  S.  S.  Scovil,  engineer  of  the  Lake 
of  the  Woods  Technical  Board,  Ottawa,  Captain  Johnson  has  this  to 
say  as  to  the  effect  of  lake  levels  on  the  fishing  industry  in  Canadian 
waters : 

1.  That  the  lake  should  be  kept  at  a  stated  level  or  regulated  between  two 
fixed  levels,  but  that  no  greater  range  than  2  to  3  feet  be  allowed. 

1  Further  public  heaxings,  1915,  p.  412. 
'Idem,  p.  414. 


FINAL  BEPOBT  OF  THE  INTBBNATIONAL  JOIKT  C0MMIS8I0H.      189 


2.  The  reasoD  given  for  thifl  Is  that  aoy  great  floctuatlon  in  lake  le?al 
seriously  endanger  the  future  supply  of  flsb. 

Most  of  the  various  kinds  of  fish  caught  In  the  lake  spftwn  In  thallow 
and  If  any  extreme  drop  should  occur  In  lake  level  after  such  apawn  iM 
deposited,  then  the  spawn  would  be  lost  on  being  ezpoaed  to  the 
Also,  If  the  lake  were  kept  at  an  elevation,  aa  stated  above,  then  •  grwtv 
area  of  shallow  water  would  be  thrown  oi)en  for  spawn  beda. 

Another  efPect  uf  great  fluctuation  In  lake  level  wonld  be  on  pond  net  flahlng. 
In  this  case  the  nets  are  designed  for  a  certain  depth  of  water,  betaiir  attaetadto 
stakes  set  In  a  stated  manner,  and  any  great  change  In  mter  aorCnee  to  nay 
one  year  would  entail  the  setting  of  new  stakes  and  nets,  with  a  resulting 
increase  in  expense.  A  great  lowering  of  the  water  has  been  known  to  kill 
thousands  of  fish,  such  as  bullheads,  which  Inhabit  the  shaHow  water  of 
marshes,  etc.    This  ♦•ccurred  during  the  year  1011. 


X.— NAVIGATION. 

Transportation  in  the  Lake  of  the  Woods  region  was,  throughout  its 
early  history,  synonymous  with  water  transport.  In  fact,  until  quite 
recent  years  waterways  were  the  only  thoroughfares  of  the  region. 
Railways  were  unknown,  and  the  nearest  approach  to  a  highway  was 
an  occasional  and  very  limited  trail  through  the  wilderness. 

The  earliest  means  of  water  transport  worthy  of  the  name  was  the 
birch-bark  canoe  of  the  Indian,  and  this  was  at  once  adopted  by  ex- 
plorers and  fur  traders,  the  only  important  change  being  the  building 
of  larger  canoes  than  w^re  generally  used  by  the  natives.  Peter 
Grant,  of  the  North  West  Company,  in  his  account  of  the  Sauteaux 
Indians,*  and  the  fur  trade  in  the  Lake  of  the  Woods  region,  has  the 
following  description  of  the  canoe  of  the  traders,  and  how  it  navi- 
gated these  intricate  watercourses : 

The  Northwest  Ck>mpany's  canoes,  manned  with  five  men,  carrying  about  8,000 
pounds ;  they  seldom  draw  more  than  18  Inches  of  water  and  go,  generally, 
at  the  rate  of  6  miles  an  hour  in  calm  weather.  When  arrived  at  a  portage, 
the  bowman  Instantly  Jumps  in  the  water,  to  prevent  the  canoe  from  touching 
the  bottom,  while  the  others  tie  their  slings  to  the  packages  in  the  canoe  and 
swing  them  on  their  backs  to  carry  over  the  portage.  The  bowman  and  steers- 
man carry  their  canoe,  a  duty  from  which  the  middlemen  are  exempt.  The 
whole  is  conducted  with  astonishing  expedition,  a  necessary  consequence  of 
the  enthusiasm  which  always  attends  their  long  and  perilous  voyages. 

It  is  pleasing  to  see  them,  when  the  weather  is  calm  and  serene,  paddling  in 
their  canoes,  singing  in  chorus  their  simple  melodious  strains  and  keeping  exact 
time  with  their  paddles,  which  effectually  beguiles  their  labors.  When  they 
arrive  at  a  rapid,  the  guide  or  foreman's  business  is  to  explore  the  waters 
previous  to  their  running  down  with  their  canoes,  and,  according  to  the  height 
of  water,  they  either  lighten  the  canoe  by  taking  out  part  of  the  cargo  and 
carry  overland  or  run  down  the  whole  load. 

It  would  be  astonishing  to  an  European  observer  to  witness  the  dexterity 
with  which  they  manage  their  canoes  in  those  dangerous  rapids,  carrying  them 
down  like  lightning  on  the  surface  of  the  water.  The  bowman,  supported  by 
the  steersman,  dexterously  avoids  the  stones  and  shoals  which  might  touch 
the  canoe  and  dash  it  to  pieces,  to  the  almost  certain  destruction  of  all  on 
board.  It  often  baffles  their  skill,  when  the  water  is  very  high,  to  avoid  plung- 
ing in  foaming  swells  on  the  very  brink  of  the  most  tremendous  precipices,  yet 
those  bold  adventurers  rather  run  this  risk,  for  the  sake  of  expedition,  than 
lose  a  few  hours  by  transporting  the  cargo  overland. 

When  they  are  obliged  to  stem  the  current  in  strong  rapid's,  they  haul  up  the 
canoe  with  a  line,  all  hands  pulling  alongshore  and  sometimes  wading  through 
the  water  up  to  their  middle,  except  one  man,  who  remains  in  the  stern  of  the 
canoe,  in  order  to  keep  It  In  the  proper  channel;  this  part  of  their  duty  Is 
always  accompanied  with  much  labor.  When  the  wind  favors,  they  always  carry 
sail,  and  in  a  fresh  gale  will  generally  go  8  or  9  miles  an  hour. 

^  Masson,  Bourgeois  de  la  Compagnie  du  Nord-ouest,  11,  313-314. 
190 


Plate  43. 


/ 


a,  AMONG  THE   ISLANDS. 


6,  KENORA. 


FINAL  BEPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      191 

A  more  detailed  description  of  the  birch-bark  canoe  is  found  in 
Keating's  narrative :  ^ 

We  were  divided  into  three  baric  canoes.  Icnown  by  the  name  of  "canos  da 
nord."  Although  these  are  made  nearly  on  the  same  model,  yet  there  !•  great 
difference  In  their  speed,  burden,  soundness,  etc.,  according  to  the  tkiU  meol- 
fested  in  their  construction.*  A  canoe  of  this  kind  is  generally  cooatmcted  of 
ribs  of  cedar  bent  so  us  to  Impart  to  it  its  proper  form,  the  ends  belnf  eecared  to 
0  band  that  forms  the  superior  edge  of  the  vessel,  and  acts  as  a  gunwale;  over 
these  ribs  the  birch  t)arlc  is  laid  in  as  large  pieces  as  possible,  gwitmllr  so 
that  there  shall  be  but  two  longitudinal  seams,  and  two  or  three  tnuwrerae; 
between  tlie  t)arlc  and  the  ribs  very  thin  splints  of  cedar  are  placed,  so  as  to 
prevent  the  baric  from  splitting;  ail  the  Joints  arc  sewed  with  long  threads 
obtained  by  splitting  the  roots  of  u  tree  called  by  the  voyagenrs  eptneile.  and 
wliich  is  probably  a  spruce.  To  this  thread  the  term  ioatap,  nsed  by  ttm 
Oiippewns,  is  applie<I  by  the  Canadians;  the  seams  as  well  as  the  cracks  arp 
covered  with  pitch  (called  by  the  Cblppewas  peke)  made  of  the  gum  of  the 
epinette ;  this  is  applied  hot  and  renders  tlie  canoe  water-tight.  In  this  manner 
a  little  vessel  is  obtained,  very  well  calculated  for  traveling  on  these  waters. 
Of  it  will  carry  a  burden  of  upward  of  3,000  pounds.  •  •  •  Those  which  we 
nsed  were  30  feet  long  by  about  4  feet  wide  in  the  middle,  and  perhape  80 
deep.  A  number  of  transverse  bars  serve  to  keep  the  canoe  in  its  proper 
The  seats  of  tlie  paddlers  are  suspended  to  the  gunwale.  The  bow  and 
are  sharp  and  turned  upward. 

Four  main  canoe  routes  were  recognized  between  Lake  Superior 
and  Lake  Winnipeg,  three  of  which  led  through  Rainy  Lake,  Bai^y 
Kiver,  and  the  Lake  of  the  Woods,  and  these  three  were  in  more  gm- 
eral  use  during  the  period  of  exploration  and  the  fur  trade. 

The  route  first  discovered  was  that  by  way  of  the  KaminiAikwia 
Kiver.  As  elsewhere  mentioned,  Jac(|ue0  de  NoyoDf  as  aarly  aa  1688, 
iiiado  his  way  by  the  chain  of  riverK  and  lakes  leading  up  from  the 
KuminiHtikwia  to  the  height  of  land  and  down  the  western  alopa  Cu 
liainy  Lake.  La  NoUo  followed  the  tame  route  in  1717.  TberMfWr 
the  KiiiiiiiiiHtikwia  route  seema  to  hate  bean  abandonad  in  faror  of 
tiiat  liy  way  of  Grand  Portage,  until  the  fonner  waa  radi«'«vi*rM(i  by 
Roderick  McKenzie,  of  the  North  Weat  Company,  in  1798. 

The  first  mention  of  the  (irand  Poitaga  rottla  ia  **^*iiintil  Uk  a 
letter  by  an  officer  named  Pachot,  who,  ralHTinf  to  a  piopiMail 
trading  establishment  on  Rainy  l.«ke,  aayt:  **Tha  beat  routa  to  go  to 
the  proi>oM!d  estnblislunent  would  be  by  a  small  rivar 
Neutokaogane  (or  Nantokougano),  which  is  about  7 
Kaministigoya."  The  small  river  namad  waa  thai  now  known  aa 
Pigeon  River,  and  the  route  waa  the  afterward  faoKNia  Qraad  Pbrtane 
Routt. 

The  explorer  La  V^rendrye,  or  rather  hia  naphtw.  La  Jimatyo, 

WAS  the  flint  white  man,  of  whom  wa  have  any  Imowladfi,  to  poddla 

fn»m  Lake  Superior  to  Rainy  Lake  by  way  of  the  Grand 

>  Nurrstlft  of  aa  Mapsemen  to  ifce  9mun  of  at  fetsw  attee.  iU  t^  t»-W. 
*  Ho»  also  9mm  Uvort  A  Oumo  Toyea*  tmm  mttmm**  laf  to 
Msli^ulm  llcUod.    Ottawa,  ItTt.  p.  41. 

1U8066— IT 18 


192       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

route.  La  Verendrye  does  not  say  in  his  journals  why  he  adopted 
this  route,  in  preference  to  that  by  way  of  the  Kaministikwia,  of 
which  he  must  have  had  knowledge,  but  probably  he  had  learned 
from  the  Indians  that  it  possessed  advantages  over  the  latter.  In 
any  event,  he  and  his  men  used  it  altogether  during  the  many  years 
that  he  was  engaged  in  exploring  the  great  western  country;  the 
same  route  was  followed  by  other  French  explorers  and  traders  down 
to  the  close  of  the  period  of  French  rule  in  Canada;  and  it  was 
adopted  l)y  the  British  fur  traders  as  their  principal  thoroughfare 
imtil  difficulties  in  connection  with  the  international  boundary  drove 
the  officers  of  the  North  West  Company  to  search  for  other  routes 
more  to  the  north. 

The  history  of  the  reopening  of  the  original  route  discovered  by 
De  Noyon  is  somewhat  curious.  Toward  the  end  of  the  eighteenth 
century,  it  having  been  found  that  Grand  Portage,  up  to  this  time  the 
principal  establishment  of  the  North  West  Company,  was  on  Ameri- 
can territory,  a  determined  effort  was  made  to  discover  another  route 
farther  north.  Edouard  Umfreville  was  sent  to  explore  the  country 
west  of  Lake  Nipigon  in  1784,  and  actually  found  a  practicable  route, 
which  will  be  referred  to  presently.  In  1798,  however,  Roderick 
McKenzie,  returning  to  Grand  Portage  from  the  West,  accidentally 
learned  from  a  party  of  Indians  of  a  water  communication  leading 
from  Lake  La  Croix  to  the  mouth  of  the  Kaministikwia.  He  fol- 
lowed it  to  Lake  Superior,  and  as  a  result  the  North  West  Company 
moved  its  establishment  from  Grand  Portage  to  the  mouth  of  the 
Kaministikwia,  where  Fort  William  was  built  in  1801.  Up  to  the 
time  of  McKenzie's  discovery,  or  rediscovery,  of  the  Kaministikwia 
route,  it  seems  to  have  been  unknown  to  the  North  West  Company.^ 

The  third  route  from  Lake  Superior  to  Rainy  Lake,  or  Rainy 
River,  was  by  way  of  the  St.  Louis  River.  It  is  not  known  definitely 
when  this  route  was  fii*st  discovered,  or  used,  but  in  an  unpublished 
memorandum  by  David  Thompson,  for  many  years  astronomer  of 
the  North  West  Company,  and  later  astronomer  and  surveyor  under 
the  sixth  and  seventh  articles  of  the  treaty  of  Ghent,  he  indicates 
that  the  route  by  way  of  St.  Louis  River,  Vermilion  River,  and  Lake 
Namakan,  was  a  thoroughfare  of  the  fur  traders  before  1783.  A 
later  route  led  from  St.  Louis  River  through  various  lakes  and  rivers 
to  the  Big  Forks,  and  down  that  tributary  to  Rainy  River.  It  is 
referred  to  in  Keating's  Narrative^  and  must  have  been  in  use  at  least 
as  early  as  1807,  as  a  detailed  description  of  it  is  given  in  that  year 
by  George  Henry  Monk  of  the  North  West  Company,  in  his  "Account 
of  the  Department  of  Fon  du  Lac  or  Mississippi,"  an  unpublished 
manuscript  in  the  archives  of  McGill  University,  Montreal. 

'  Burpee,  "  Canoe  Routes  from  Lake  Superior  to  the  Westward,"  Geographical  Journal, 
August,  1910. 


FINAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISBIOV.      193 

These  three  routes,  by  way  of  tlie  Kaminiiitikwia,  Gnuid  PotUkgt, 
and  St.  Jjouis  River,  led  to  Rainy  River  and  the  Lake  of  the  Woods. 
The  fourth  route  was  farther  to  the  north,  and  did  not  toadi  Rainy 
Lake  or  the  Lake  of  the  Woods.  It  ran  from  Lake  Superior  up  the 
Nipigon  River  to  the  lake  of  the  same  name,  then  westwani  bj 
various  rivers  and  lakes  to  English  River,  and  down  that  stream  to 
the  Winnipeg  River.  It  was  discovered  by  Umfrenlle  in  1784,  and 
although  a  practicable  route,  was  never  much  used  by  the  fur  traden. 

Having  dosoribcd  the  three  main  routes  that  connected  Lake  Su- 
perior with  the  Lake  of  the  Woods,  a  few  words  may  be  said  as  to  the 
routes  from  the  Lake  of  the  Woods  to  Lake  Winnipeg  and  the  Red 
River.  The  principal  route  was,  of  course,  the  SVinnipeg  River. 
which  was  generally  used  throughout  the  i>eriod  of  exploration  and 
the  fur  trade,  in  spite  of  the  difficulties  of  its  navigation.  It  appears, 
however,  from  the  Journals  *  of  La  Vf rendrye  that  he  discovemi  and 
used  to  sonic  extent  another  route  from  the  Lake  of  the  Woods  to  RmI 
River,  by  way  of  Reed  River  and  Roseau  River.  La  Jemeraye  and 
one  of  the  sons  of  La  V^rendrye  had  followed  the  Winnifieg  River 
route  in  the  winter  of  1782-33,  and  built  a  fort  near  the  mouth  of  that 
river.  A  3'ear  or  two  later  the  elder  I^  \Yrendrye  discovered  the 
Roseau  Ri\er  route,  but  there  is  no  evidence  that  he  nuide  much  lur 
of  it,  or  that  it  was  followed  by  later  •      '        -<  or  fur  tTAdem 

I'hese  were  the  only  water  routes,  but  i  waa  for  aont  ymn  a 

land  route  lietween  the  Lake  of  the  Woods  and  Re<l  Rirer.  In  hU 
R(>lMiit  of  1H59,*  S.  J.  Dawaon  reoommended  to  the  Canadian  Qovtn- 
MUMit  the  o|)ening  of  a  road  from  Lae  Plat  (now  Shoal  Lalt%  al  the 
wentem  extremity  of  I^ake  of  the  Woods)  to  the  Rrd  River,  a  dia- 
tanre  as  ho  stated  of  01 1  miles.  This  reeoounaBdation  was  noi 
adopted,  but  the  so-called  Dawson  Road  waa  suhnqoeotly  huUt  fhun 
thr  nortlnv(<»(t  angle  to  Red  River. 

All  the  water  mutt*s  east  and  west  of  the  I^ilta  of  the  Woods  in* 
vol  veil  many  {MtrtageH,  for  which  the  bin'h  Imrk  canoe  of  the  Indian 
waN  siMx-ially  adaptinl.    The  method  uf  nirrying  goods  tnrr  •  |iarl 
age,  or  "  making  a  portage**  as  it  was  called,  ia  inlscaAingtjr  de- 
scribed by  John  Johnston >  in  his  **  Aflcoant  of  Laka  3aparior  **: 

(^rryliit:  ttiv  miiM<«i,  sooda.  and  provliJiMW  tacroM  ■  tartasel  la  tisat  Igr 
nmiiii  of  liiKhcr  Mtmiw  or  ••—m-^  fh«  mMdIv  "^  •»»•«■»•  •-  ••..- -»  .—•  «•••.•  ■«  n^ 
forvtMiHi  tif  tliv  mrriii*.  'ulagrpk^  :'-»i«- 

Ih9  rHtu,  th<*  Nrroiul  U  Uftiii  orrr  \h0  ImnI(1  aiwi  iK^sMur*!.  wiuf>«it  i^inc  <w  (Iw 
nrHt.  himI.  ihu«  lotKhHl.  tha  ssfSfie,  aa  tbajr  arv  nin«tt.  tr«4  air  !•>  ia»  fit^ 
vhimm  for  a  i1<nioiilt.  whkli  tbitf  «all  a  pese.  md  watoa  la  larae  psraapm  at* 
fntm  2  lo  a  ihUm  mwri.  TlUa  tb«|r  rsinat  till  Ihv  wlMla  l»  ifaaie«t«aa;  tim 
ttwn  iwC  off  for  the  miiiMv  whirli  lli«y  rnrrf  oa  Hwlr  iSiuaiaira.    TImt  m  s» 


• "  Joaraalu  af  U  TiwaSrur  Ctaa#Ma  9mUtt9. 

•  n«ewt  Ml  nisiw«ii»  ar  «»  ommmtv  an«i<a  §.•»»  i^n  itn  m«  ik»  aMi  an** 


194      PINAL  BEPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

on  till  night,  only  stopping  once  for  their  meal,  and  once  or  twice  for  lighting 
their  pipes.  The  packs  are  from  80  to  120  pounds  weight,  and  he  is  not  looked 
upon  as  "  a  man  "  who  can  not  carry  two ;  there  are  many  who  even  take  three 
and  outrun  their  fellows.  This  is  the  motle  of  carrying  all  over  the  Northwest ; 
to  the  southward  they  use  horses.' 

It  appears  from  the  journals  of  Anthony  Hendry,  Matthew  Cock- 
ing, and  others,  that  in  their  early  expeditions  inland  from  Hudson 
Bay,  the  men  of  the  Hudson's  Bay  Company,  like  their  rivals  of  the 
North  West  Company,  made  use  of  the  Indian  birch-bark  canoe.  In 
1823,  when  Major  Long  and  his  party  traveled  through  the  Lake  of 
the  Woods  and  Rainy  Lake  the  Hudson's  Bay  Company  was  still 
using  canoes  on  those  waters.  Paul  Kane  traveled  with  a  brigade  of 
Hudson's  Bay  Company  canoes  from  Fort  William  to  Lake  Winnipeg 
in  1845,  but  in  returning  the  following  year,  the  brigade  from  Nor- 
way House  to  Fort  Frances  consisted  of  York  boats,*  which  he  de- 
scribes as  about  28  feet  long  and  strongly  built,  so  as  to  be  able  to 
stand  a  heavy  press  of  sail  and  rough  weather.  They  often  carried 
80  or  90  packs  of  90  pounds  each,  and  had  a  crew  of  seven  men — a 
steersman  and  six  rowers.  The  York  boat  was  probably  introduced 
on  the  Lake  of  the  Woods  waters  a  few  years  before  Kane's  journey. 
What  was  practically  the  same  type  of  boat  is  described  by  Captain 
Butler*  in  1870  in  his  journey  from  Rat  Portage  to  Fort  Frances: 

The  boat  in  which  I  now  found  myself  was  a  large,  roomy  craft,  capable  of 
carrying  about  3  tons  of  freight;  it  had  a  .single  tail  mast  carrying  a  large 
square  lugsail,  and  also  possessed  of  powerful  sweeps,  which  were  worked  by 
the  men  in  standing  positions,  the  rise  of  the  oar  after  each  stroke  making  the 
oarsmen  sink  back  upon  the  thwarts  only  to  resume  again  his  upright  attitude 
for  the  next  dip  of  the  heavy  sweep.  This  is  the  regular  Hudson  Bay  Macki- 
naw l)oat,  used  for  the  carrying  trade  of  the  great  fur  company  on  every  river 
from  the  Bay  of  Hudson  to  the  Polar  Ocean.  It  looks  a  big,  heavy,  lumbering 
affair,  but  it  can  sail  well  before  a  wind,  and  will  do  good  work  with  the  oars, 
too.     *     *     •    My  crew  numbered  seven  hands. 

These  York  boats,  or  Mackinaw  boats,  of  the  Hudson's  Bay  Com- 
pany were  therefore  also  the  first  sail  boats  on  the  Lake  of  the  Woods. 
Many  years  after  another  type  of  boat  was  introduced  on  the  same 
waters  by  the  lumbermen,  in  the  form  of  a  scow.  Archibald  Blue  de- 
scribes some  of  these  "wannigans,"  as  they  were  known  on  Rainy 
River.  They  were  large  scows  covered  over  with  lumber  like  shan- 
ties and  were  used  by  lumbermen  when  driving  logs  in  the  spring, 
and  also  by  the  Government  road  contractors  for  the  cooks,  being 
moved  down  stream  as  the  work  progressed.  A  similar  type  of  flat- 
boat  is  used  by  the  lumbermen  of  Maine  and  New  Brunswick,  and 
is  known  as  a  "  wangan  "  or  "  wangan  boat." 

1  Masson,  "  Bourgeois  de  la  Compagnie  du  Nord-Ouest,  II,  p.  165.  See  also  McLeod's 
notes  on  portaging,  in  Peace  River,  pp.  57,  61. 

-  strongly  built  boats  named  after  York  Factory,  one  of  the  principal  posts  of  tlie 
Hudson's  Bay  Company  on  Hudson  Bay. 

"The  Great  Lone  Land,  p.  155. 


Plate  44. 


a,  LIFT  BRIDGE  ABOVR  INTERNATIONAL  FALLS. 


6,  KOOCHICHING   FALLS   DAM. 


FINAL  BEPOBT  OF  THB  INTEBNATIONAL  JOINT  COMMIS6ION.      195 

The  first  steam  vessels  on  Bainy  Lake,  Rainy  Biver,  and  the  Lake 
of  the  Woods  seem  to  have  been  built  in  the  years  1871  or  1872.  In 
his  narrative  of  Fleming's  overland  expedition  of  the  latter  year/ 
George  M.  Grant  says : 

Eighteen  miles,  broken  by  two  short  portages,  brought  ns  about  mlddaj  to 
Uainy  Lake.  Here  we  were  told,  but  as  it  turned  out  incorrectly,  was  tlw  laM 
Hteam  launch  that  could  t>e  used  on  our  Journey,  as  the  two  on  Rainy  Laka  and 
Lake  of  the  Woods  hod  .sf>mething  wrong  with  them.  At  3  p.  m..  at  the  cry  of 
"  all  aboard,"  our  flotilla  formed  at  once,  the  steam  launch  towing  two  lari» 
bargees  with  the  emigrants  and  their  luggage,  and  the  four  canoes.  •  •  • 
By  0  o'clock,  we  had  made  only  80  miles.  Our  steamer  was  small,  tha  flotillas 
Mtretched  out  far,  and  the  wind  was  ahead.  *  *  *  At  Fort  Frances  tha  bolls 
of  two  Ktenmers,  to  be  over  100  feet  in  length,  for  use  on  Rainy  River  and  the 
Lake  of  the  Woods,  are  now  being  bullL 

From  Fort  Frances  the  flotilla  was  towod  down  Rainy  Biver  by 
another  of  the  small  steam  launches  built  by  the  Canadian  Govern- 
ment. They  stopped  at  the  small  post  of  the  Hudaon^a  Bty  Com- 
pany, known  as  Hungry  Hall,  near  the  mouth  of  the  river,  and  then 
crossed  the  Lake  of  the  Woods  to  the  Northwest  Angle  Inlet,  A 
thunderstorm  on  the  lake  forced  the  captain  of  the  steam  launch  to 
seek  sholter  in  a  small  bay  of  one  of  the  ialands.  From  the  haad  of 
the  inlet,  Fleming's  party  made  their  way  overland,  by  what  w»» 
known  as  the  Dawson  Boad,  to  Winnipeg. 

From  other  sourcea  it  appears  that  thia  aniall  iiMun  launch  or  tug, 
the  first  to  navigate  the  waters  of  tlie  Laks  of  the  Woods,  wts  oif 
8  or  ^  feet  draft  Her  name,  if  she  ever  had  one,  has  not  flurivid. 
In  1878  the  Government  built  another  anall  boat  for  the  hum 
ice,  and  in  the  nme  year  constructed  t  more  ambitious  vssnl,  t 
wheeler,  known  as  the  Lad^  of  ik§  LdbB^  with  draft  nf  8  fftsi,  i 
150.  She  ran  between  Fort  Frmooes  snd  the  Xortiiwest  Aogisb  la 
1870  the  first  privately  owned  host  on  the  Lake  of  the  Woods  was 
built.  She  was  called  the  8p$MhftU,  draft  4  fm.  tonnafv  abool  tO, 
and  waa  engaged  for  tome  yesn  in  psawiger  and  freight  trafle  bs- 
twcen  Fort  Frances,  the  Northwest  Aagis,  sad  Bsl  PMtags.  TIm 
SpoedwtU  was  wredrad  on  Wileya  Reef  in  1880.  Fmm  1878  Nfakr 
trafflo  by  stesmbost  was  opened  to  Portage  Bay.  In  lii78  or  1888 
the  Canadian  Government  built  the  LU9  of  $A$  Wmi^  a  boat  of  the 
porew-propeller  type.  She  was  portaged  froin  Namakan  I^ake,  aad 
used  in  carrying  supplies  from  Rat  Portage  to  Asb  Rapids  and  Big 
Stooa  Bay.  Her  draft  was  4  feet,  and  tonnage  88  or  80.  Two  olbar 
vessehi  built  about  the  aame  time  were  the  N,  Modift  and  the  fJhf 
MeAyioy,  The  former,  built  and  owned  by  Gapt  Hooper,  ran  on 
the  same  roots  as  tiie  Spood^oU,  Her  draft  waa  &)  feet,  tmsji 
about  aa  She  was  wrsokad  shoot  1888  at  numth  of  Rai^y  Rlvw. 
The  latter  was  a  side-whealtr  of  7  or  8  foot  draft  and  tonnage  of  8T. 

•  Otms  to  Orasa.  90>  44-48. 


196       I'INAL  REPORT  OF  TH?:  INTERNATIONAL  JOINT  COMMISSION. 

Her  machinery  was  transferred  from  the  Lady  of  the  Lake.  Slie  was 
used  for  toAving  logs  about  the  Lake  of  the  Woods.  She  was  renamed 
Mary  Ilatch  in  1884,  and  changed  to  screw  propeller  in  1886.  For 
names  and  other  particulars  of  boats  launched  since  1880,  see  Ap- 
pendix. 

These  boats  were  used,  some  for  passenger  traffic,  some  for  freight, 
and  many  for  both.  Many  have  been  engaged  in  towing  lumber, 
and  quite  a  number  of  the  smaller  craft  in  connection  with  the  fish- 
eries. As  a  result  of  the  mining  boom  in  the  Lake  of  the  Woods 
district  a  few  years  ago,  many  boats  of  small  tonnage  were  put  in 
commission  for  the  transport  of  supplies.  Some  idea  of  the  local 
traffic  on  Rainy  River  is  gained  from  Blue's  "Tour  of  Inspection  in 
Northwestern  Ontario,"  ^  1895.  He  descended  the  river  in  the  Edna 
Brydgea^  built  that  year : 

The  Edna  Brydges  left  Fort  Frances  at  7  o'clock  in  the  morning,  and  at  9.30 
we  got  on  board  of  her  at  Holmes's  dock.  Toward  noon  a  windstorm  came  up 
the  river,  which  lncrease<l  steadily  in  force  until  it  became  a  furious  sale. 
There  Is  a  fair  anioimt  of  traffic  on  the  river;  almost  every  farmer  has  a  dock 
of  hl8  own ;  and  wherever  passengers  or  freight  are  to  be  taken  on  or  landed, 
the  boat  Is  acconnuodating  enough  to  call.  But  the  wind  and  waves  made  it  a 
hard  task  on  this  trip,  and  repeated  attempts  had  to  be  made  In  many  cases, 
before  the  boat  could  be  brought  in  to  tie  up  at  the  dock.  It  wiis  8.30  before 
the  mouth  of  the  river  was  reachetl.  *  •  ♦  The  boat  left  for  Rat  Portage  at 
fi  o'clock  Saturday  morning,  with  the  wind  still  high.  We  took  up  a  party  of 
excursionists  from  a  fishing  boat  in  a  bay  upon  the  east  side  of  the  lake,  near  to 
one  of  the  numerous  sand  banks  there;  and  the  water  being  only  6  or  7  feet 
deep,  with  the  waves  rolling  high,  the  keel  of  the  Edna  Brydgen  bumped  over 
and  over  again  upon  the  sand  bottom. 

The  boat  took  nine  and  a  half  hours  to  make  the  trip  from  the 
mouth  of  Rainy  River  to  Rat  Portage,  the  distance  being  given  as  72 
miles. 

No  survey  of  the  question  of  transportation  on  the  Lake  of  the 
Woods  and  tributary  waters  would  be  complete  without  some  con- 
sideration of  actual  or  projected  schemes  for  the  improvement  of 
navigation  in  these  waters.  In  Sir  George  Simpson's  "Journey 
Around  the  World  "  there  is  a  glowing  description  of  Rainy  River, 
in  which  the  writer  offers  this  prophecy : 

Is  it  too  nmch  for  the  eye  of  philanthropy  to  discern  through  the  vista  of 
futurity  this  noble  stream,  connecting  as  it  does  the  fertile  shores  of  two 
spacious  lakes,  with  crowded  steamboats  on  its  bosom  and  populous  towns  on 
its  borders? 

It  has  been  said  that  the  entertaining  narrative  of  Sir  George 
Simpson's  journey  was  actually  written  by  Recorder  Thorn,  of  the 
Red  River  Settlement.  However  this  may  be.  Sir  George  Simpson 
found  his  very  optimistic  statements  as  to  the  adaptability  to  settle- 

'  Report  Bureau  of  Mines,  Ontario,  1805,  p.  167. 


FINAL  BKPOBT  OF  TlIB  INTBBHATIOHAL  JOIHT  COMMISSION.      197 

raent  of  the  Lake  of  the  Woods  country,  as  well  as  the  western  prairies, 
rather  embarrassing  when  he  was  calle<l  upon  to  give  evidcatv  Ijt'fore 
the  select  committee  of  the  British  Parliament  on  the  Hud.son*s  ilay 
Company.*  He  was  then  in  the  position  of  defending  the  fur  com- 
pany, whose  policy  was  to  discourage  settlement  in  their  territories  in 
every  possible  way.  When,  therefore,  passages  from  his  book  were 
read  to  him,  such  as  that  relating  to  the  Kainy  River,  he  prompdj 
stated  that  he  had  vastly  overrated  the  importance  of  the  r^on  ee  e 
country  for  settlement. 

The  same  select  committee  examined  one  William  Kernagfaan,  who 
had  something  to  say  as  to  an  ambitious  project  for  the  improTemeni 
of  navigation  between  Lake  Superior  and  Red  River.  This  wee  in 
1857.  Kernnghan  read  an  extract  from  a  Chicago  newspaper  of  that 
year  to  the  following  effect : 

In  the  senate  of  Michigan.  General  Cani  prexeuteil  the  peCitione  of  Jean  hn- 
fever,  Robert  Mallon,  and  Alexnmler  MoLaln,  asking  tor  a  QovcmiiMOt  ezplaratkMi 
and  Hurvey  of  the  I'igeon  and  .\rru\v  Hivent,  of  Lake  Su|)erior.  nnil  of  the  roate 
from  the  nioutli  <»f  tliom>  strenniK  ur  near  ttieni  to  Uniny  I^ke,  un  ibe  L'uIIihI 
States  l>oundary  lin«>.  witli  eHtltuAten  of  the  cost  uf  M>  loiprovtng  by  kxiu  ojmI 
canalM  the  conuiiutdcution  lM*t\v«ou  thmie  watem  nu  aa  to  niaka  a  practlailM* 
naviKatlun  froui  tlu>  l/o\vt>r  Ueil  Itlver  of  tin*  North  vin  I^ke  Winnifirs  to  Luke 
Sn|ierior.  Tlivy  n'preMrht  liiat,  ut  a  n*u»>ouai>ii*  owt,  tltv  wliolv  viUIvy  ^  lb* 
Hei\,  AKMliiilMilm*.  iind  HnHkutHM>wan  Uivem  tiin  he  t^mnvctvil  with  tbe  walani  of 
Ijike  Su|>erlur. 

The  petit ioncra  it  nppcure  were  tlic  owiiera  of  a  line  of  steamboeu 
plying  on  Lake  Michigan  and  I.        ^  r. 

Other  witneeeee  before  llic  c4;l  : .  :  ^  .  •'  evidence  aa  to  tlie  frtt»t* 
bility  of  creating  a  navigable  waterway  IwCween  f^tke  Su|>erior  and 
Red  River,  some,  la  Colonel  J.  F.  Crofton,  favorable  to  the  project, 
and  others  quite  the  reverae. 

Sir  (jeorge  Simiieon  waa  aakecl: 

I)o  any  M>rluuM  itractlcal  dimmlilm  «ir  lni|M'«lhaMila  «akM  In  maklnt  Uiai 
navlKiitlon.  whirh  you  hnvi*  irnvtfMti  with  yuur  caaoe.  a  rrctilar  (tmne  ef 

naviffation? 

He  auHwered: 

I  think  there  are  Inaeperable  dtOeelUea.  tuikaa  the  Baak  of  Miglaad  vert 
vxiNMidiHi  ufNin  tlM>  lni|«evenMnt  of  Ibe  coeutry.  Near  ih»  hvlaM  of  laial  ibMv 
Is  iMi  wuiiT :  ilif  rlvrr*  ant  ahonl  ni^  Ike  w^ll  l«  ba«t.  I  UUuk  tW  ♦lUfcnUike  art 
vwy  ffr«<nt. 

In  hia  re|)ort  to  the  Canadian  Ooverninwt  in  IMM  Mr.  H.  J.  t)aw. 
ran '  aeriottnly  disctifteea  the  relative  adrantagf*  and  prarticabilitr 
of  raiband-water  rtmtcM  betwi«4Mi  l4tkc  Su|)cnor  and  Rr«l  River. 
While  admitting  (he  graai  advMilaum  of  a  railtK«y«  he  JiwniMW  k 


•  Rrport  trnm  thr     .      ,  ,    maiiiiw  ••  Ik*  naiiM'*  Bay  Omtmm$.    Umtm.  IMt. 

•  Report  «■  Iho  I  •  ■  DH««««  Ijik*  aiieM'M  ••4  M^  *■<«*  9»*tkmt^t,  r  * 


198       FINAL  EEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSIOl*!. 

as  premature  in  view  of  the  cost  and  the  undeveloped  character  of 
the  region.    He  recommends  a  combined  rail-and-water  route : 

From  the  height  of  land  portage  (he  says),  where  it  strikes  the  Savane  River, 
to  the  northwest  angle  of  the  Lake  of  the  Woods,  the  distance  Is  304  miles,  and 
the  total  amount  of  lockage  that  would  be  required,  425  feet,  being  somewhat 
less  than  that  of  the  Rideau  Canal.'  By  means  of  lock  and  dam,  the  whole  of 
this  distance  might  be  rendered  navigable  without  a  break,  at  comparatively 
small  cost,  if  wooden  locks  were  adopted.  The  river  channels  between  the 
navigable  sections  are  everywhere  of  rock,  and  generally  favorable,  for  the  con- 
struction of  such  works  as  would  be  required. 

With  this  extent  of  navigation  might  be  connected  the  navigable  water,  east 
of  the  Height  of  Land,  having  a  length  in  Dog  Lake  and  River  of  35  miles. 

When  the  dam  now  in  progress  in  Dog  Lake  is  completed,  the  difference  in 
level  between  the  waters  of  Dog  River  and  the  Savane  will  be  about  100  feet, 
and  a  canal  with  locks  by  way  of  Muskaig  Lake  might  be  constructed  to 
connect  the  two.  Lac  dos  Mllle  Lacs  would  be  the  summit  level,  and  it  has 
Bufflcient  water  for  a  canal  both  ways.  This  would  give  350  miles  of  unbroken 
navigation,  approaching  at  its  eastern  extremity  to  within  25  miles  of  Lake 
Superior,  and  at  its  western  to  within  90  miles  of  Fort  Garry. 

All  the  lockage  required  would  cost  less  than  would  a  railroad  of  200  miles  to 
Rainy  Lake,  and  it  would  be  of  vastly  greater  utility. 

A  short  railway  of  25  miles,  from  Dog  Lake  to  Thunder  Bay,  would  connect 
the  navigation  with  Lake  Superior,  while  a  similar  work  of  90  miles,  from 
For  Garry  to  the  Northwest  Angle  of  the  Lake  of  the  Woods,  would  join  it  to 
the  Red  River  Settlement. 

Thirty-eight  years  later,  the  question  of  the  canalization  of  the 
waters  between  Lake  Superior  and  the  Lake  of  the  Woods  was  again 
under  consideration.  At  the  meeting  of  the  International  Waterways 
Commission  held  in  Toronto  in  July,  1906,^  Mr.  J.  G.  Sing,  engineer 
in  charge  of  the  Rainy  River  district  for  the  Department  of  Public 
Works  of  Canada,  submitted  a  written  statement  in  opposition  to  the 
project  of  the  Minnesota  Canal  and  Power  Company  to  divert  the 
flow  of  certain  waters  forming  the  boundary  between  the  United 
States  and  Canada.    In  his  communication  Mr,  Sing  says: 

When  we  consider  the  vast  energies  and  sums  of  money  which  have  actually 
been  spent,  and  which  annually  are  being  expended,  by  nearly  all  countries  upon 
their  internal  waterways  and  canals,  and  when  we  consider  also  the  chain  of 
waters  connecting — through  many  portages,  it  is  true — Lake  Superior  with 
the  west,  it  mipht  be  too  hasty  a  conclusion  for  anyone  to  state  that  for  naviga- 
tion purposes,  these  waters  might  not  be  much  improved.  If  such  improvement 
is  ever  to  take  place,  might  it  not  require  all  the  water  naturally  shedding  from 
the  territory  through  which  this  great  waterway  passes?  Capitalists  are  re- 
ported to  have  already  proposed  the  canalization  of  the  waters  lying  between 
Lake  Superior  and  Lake  Winnipeg.  In  the  particular  territory  under  discussion, 
railway  traffic  through  Fort  Frances  and  Kenora  could  be  better  regulated  if 
the  v/atenvays  nlong  the  international  boundary  were  kept  open  for  the  best 
water  communication  they  were  able  to  afford.    *     *     * 


1  Rideau  Canal  built  between  1826  and  1832^  on  advice  of  the  Duke  of  Wellington,  for 
military  purposes,  from  Bytown  (now  Ottawa)  to  Kingston  on  Lake  Ontario. 
'Reports  of  the  International  Watensvays  Commission,  p.  136. 


Plate  45. 


CANAL  AT   FORT   FRANCES. 


FINAL  REPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.       199 

In  siK-iikiiig  uf  llie  canuliziition  of  the  waters  lietwcen  Lake  Superior  aud 
the  Lnke  of  the  Woods,  I  find,  upon  reference  to  the  report  of  the  eogtoeen 
who  made  the  survey,  that  there  are  311  miles  of  navijcable  waters  between  the 
summit  near  Lalce  Superior  and  the  Lalte  of  the  Woods,  and  by  the  proper 
arrangement  of  a  series  of  stop-log  dams,  and  the  construction  of  locks,  these 
waters  can  be  fully  utlllze<l  for  transportation  pun>o8€«.  The  narlKStlon  n 
proposed  would  entail  very  little  canal  work,  as  the  cutting  would  not  amount 
to  more  than  1  mile  In  the  entire  distance  of  311  miles.  In  the  development  of 
this  route,  there  is,  under  the  present  natural  conditions,  plenty  of  water.  If 
conserved  judiciously,  for  feeders,  but  it  would  not  be  safe  to  allow  a  dWendon 
of  any  jwrtlon  of  the  How  In  an  opposite  direction  to  that  Intended  by  nature. 
The  total  cost  of  opening  up  this  route  has  bi^en  estlmate<l  at  ?1,500,000  by  the 
engineers  who  made  the  survey.  This  waterway.  If  fully  developed,  wouhl 
prove  a  safeguard  against  excessive  rates  being  charged  on  any  nillwiiys  tlmt 
might  parallel  it. 

There  is  reason  to  suspect  that  Mr.  Sing's  estimate  must  have  been 
based  on  A-^ery  insufficient  data. 

The  Canadian  Government  at  one  time  seems  to  have  contemplated 
tlie  creation  of  some  such  system  of  waterways  as  outlined  above,  but 
apparently  abandoned  the  project  when  private  enterprise  under- 
took to  build  the  Canadian  Pacific  Railway  *  through  the  same  ter- 
ritory. As  part  of  such  a  project  the  Government  commenced  in 
the  spring  of  1875  the  construction  of  a  canal  lock  at  Fort  Frances 
on  the  Kainy  Kiver.  This  was  practically  completed,  with  the 
exception  of  the  gates,  at  the  close  of  1878.  The  works  were  discon- 
tinued the  following  year,  with  the  larger  project,  and  the  lock  at 
present  is  in  temporary  use  as  a  waste  channel  in  connection  with 
the  power  works  of  the  Ontario  and  Minneeota  Power  Company.  It 
may  be  noted  that  in  approving  the  plans  of  the  Rainy  River  Im- 
provement Company,  the  Tnited  States  corporation  aneciated  witll 
the  Ontario  and  Minnesota  Power  Company  in  the  same  power 
project,  the  United  States  (Government  rewrved  the  right  to  con- 
struct a  canal  on  the  American  side  of  the  river,  if  that  sboald 
become  desirable  at  some  future  time. 

In  a  memorandum  dated  May,  1911,  one  of  the  engineer*  of  the 
Public  Works  nepmiinent  of  Canada  givc!<  the  cost  of  the  canal  oo 
the  Canadian  side  as  $2S.s,27K.51,  and  adds: 

If  CfintpletcHi  It  would  ufTorfl  navlipitlon  from  the  Uiility  laiko  water*  to  the 
Ixins  Hault  Haplds.  40  u\\U^  In<Uiw  Fort  I'Vnncvii.  TtosPllter  with  a  lock  at 
(ho  I^tng  Satilt.  which  Is  under  couMlderiiiion.  It  would  nfTonl  navlgatton  at  all 
tImcH  bi^twciM)  Unlny  I^ikc  nnd  LiSke  of  the  Wooda.  a  distance  of  aboni  180 

UlllCH. 

In  regard  to  the  project  mentioned  above,  of  a  lock  at  the  Ixing 
Sault  Rapids  on  Rainy  River,  a  report  1^  Mr.  J.  W.  Fraaer,  an 

•i'hnrirr  vmnird  by  HooiIsHmi  IMrllaMMt  !■  1SBI. 


200       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

engineer  of  the  Department  of  Public  Works  of  Canada,  dated  April 
20,  1900,  contains  the  following: 

Rainy  River  *  ♦  ♦  has  been  navigated  for  a  number  of  years  under  diffi- 
culties and  dangers  occasioned  by  the  existence  of  two  rapids  situated  about 
midway  of  Its  course,  and  by  tlie  shallowness  of  the  upper  stretch  above  the  rapids 
at  low  water.  A  number  of  boats  and  loaded  barges  have  already  been  either 
totally  wrecked  or  considerably  damaged  In  this  river.  The  increasing  ♦  •  * 
lias  Impresseil  this  department  with  the  importance  of  improving  this  stretch 
of  river,  which  forms  part  of  a  shipping  highway  extending  from  Rat  Portage 
on  the  Canadian  Pacific  Railway  to  Mine  Center  on  Rainy  Lake,  a  stretch  of 
over  200  miles.  This  navigation  is  interrupted  only  nt  the  falls  of  Fort  Frances, 
where  a  transfer  of  cargo  has  to  be  made.  The  Improvements  contemplated 
consist  In  the  construction  of  a  dam,  between  the  banks  of  the  river,  at  the 
foot  of  the  rapids  to  obliterate  both  of  them,  and  raise  the  water  level  2  feet  at 
the  foot  of  the  falls  at  Fort  Frances ;  and  to  maintain  the  communication  by 
tlie  con.struction  of  a  lift  lock  at  the  extremity  of  the  dam  on  the  Canadian 
Ride.  The  lock  Is  to  be  built  of  concrete  masonry ;  and  the  dam  of  timber,  built 
to  a  sufficient  height  to  raise  the  water  level  11  feet  at  extreme  low  water. 

In  view  of  the  fact  that  Rainy  River  is  an  international  stream, 
and  that  the  project  of  a  lock  at  the  foot  of  the  Long  Sault  Rapids 
would  involve  the  erection  of  a  dam  from  the  Canadian  to  the 
American  shore,  the  Canadian  GoA'ernment  referred  the  matter  for 
report  to  the  International  Waterways  Commission.  The  United 
States  members  of  that  commission  feeling  that  they  had  no  juris- 
diction to  deal  with  such  a  question,  the  report  w^as  made  by  the 
Canadian  section  of  the  commission  under  date  of  December  18. 
1907.  In  this  report,  after  describing  the  physical  characteristics 
of  Rainy  River  and  the  I^ong  Sault  and  Manitou  Rapids,  the  char- 
acter of  the  works  proposed  to  be  built  by  the  Canadian  Government, 
and  the  probable  effect  of  the  dam  on  the  river  above  and  below,  the 
commission  concludes: 

After  considering  the  project  no  objection  can  be  seen  to  the  proposed  im- 
provement ;  on  the  contrary  it  has  much  to  recommend  it.  This  section,  there- 
fore, respectfully  recommends  that  the  Canadian  Government  request  the  Gov- 
ernment of  the  United  States  to  grant  them  the  permission  to  carry  out  the 
proposed  works.* 

In  an  order  in  coimcil  dated  May  6,  1907,  it  was  stated  that  the 
Canadian  Parliament  at  its  last  session  had  provided  $50,000  toward 
the  commencement  of  the  proposed  work.  All  that  remained,  there- 
fore, Avas  to  obtain  the  consent  of  the  United  States  Government. 
which,  of  course,  was  essential,  as  one  end  of  the  dam  must  rest  on 
American  territory. 

The  question  was  brought  to  the  attention  of  the  United  States 
Government,  through  the  British  Embassy,  in  May,  1908.  The  War 
Department  reported  favorably  upon  the  project,  but  in  a  communi- 

1  Compiled  Reports  of  International  Waterways  Commission,  1905-1913,  pp.  633,  634. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      201 

cation  from  the  United  States  Department  of  State,  dated  June  10, 

1909,  it  is  sjiid: 

In  response  to  a  request  for  an  opinion  on  tlie  subject  by  the  Attorney  General. 
I  am  advised  by  him  that  under  existing  congressional  lofrislation  no  one  is 
authorized  to  frlve  consent  for  the  United  States  for  the  construction  of  the 
dam  in  question,  and  that  the  dam  can  not  be  constructetl  as  proposed  wltlMMtt 
the  consent  of  Congress.  Among  various  modes  of  procedure  it  has  been  soc- 
gested  that  the  Canadian  Government  might  undertake  the  construction  of  the 
portion  of  the  dam  on  the  American  side  of  the  river  through  a  corporation 
organized  under  the  laws  of  the  State  of  Minnesota. 

There  the  matter  seems  to  have  re^ed,  so  far  as  the  two  (lovem- 
ments  were  concerned.  Tlie  suggestion  contained  in  the  letter  of  the 
United  States  Secretary  of  State  as  to  the  possibility  of  the  work 
being  carried  on  by  a  private  corporation  seems,  however,  to  have  led 
to  the  organization  of  a  company  known  as  the  Western  Canal  Com- 
pany, incorporated  by  act  of  Parliament  of  Canada,  dated  May  19, 
1011,  chapter  149.  By  its  act  of  incorporation  the  company  is  author- 
ized to  "  constrtict,  maintain,  and  operate  a  canal  and  navigable  con- 
necting channels  from  a  point  5  milos  east  of  Fort  Frances  on  Rainy 
Lake,  by  way  of  the  Rainy  River,  to  a  point  5  miles  west  of  the  foot 
of  I.«ong  Sault  Rapids  on  the  said  river."  It  is  also  enii>owered  to 
ronstnict,  maintain,  and  operate  al!  noces.sjiiy  locks,  dams,  etc.  The 
proposed  works  must  lie  approved  by  the  "  Waterways  Commission  '* 
(International  Joint  Commission),  as  well  as  the  Minister  of  Rail- 
ways and  Canals  of  Canada  and  the  (lovernor  in  Council.  The  Cans- 
<iian  (lovernment  also  reserves  the  right  to  take  over  the  works  al 
any  time  on  due  oomi)ensatiou. 

In  its  statement    in   respon.se  to  the  nu  i»f  llu-  Witio'i- 

Island  Boom  Ctmipaiiy,  filed  with  the  It  onal  Joint  Ctiitiiiii>- 

sion  in  April,  1012,  the  Western  (^anal  Company  stalnt  tliat  it  b 
seeking  the  necessary  legislation  from  the  Government  of  the  Untttd 
States  and  the  State  of  Minnesota  to  complete  its  authuritation.* 
Apparently,  however,  the  company  failed  to  Mvtire  thin  Icgialatiuo 
from  the  Ignited  States,  or  de<'iile<l,  for  other  iTa««»nt«,  to  <lrop  the 
project.  In  any  event,  it  took  no  stepa  towani  buililiiig  a  tlaiu  or 
lock  at  I.Kmg  Sault. 

In  this  connection  it  Mhoiild  Ih.'  noto<l  that  in  the  cuuceMtioiut  tlic 
Dominion  (tovernment  has  grantcxl  for  |M>wer  projecta  on  the  Winni- 
peg River,  in  the  I'rovince  of  Manitoba,  tlefinite  prtnision  hait  bwn 
made  for  the  altenition  of  thesi>  works  to  conform  to  a  future  canali- 
/.ation  scheme.  Furthermore,  the  Ctovemnient  in  ita  n>tnprehMiiiiv« 
M'heuH'  of  power  development  nivcring  that  i>ortion  of  the  river  now 
luuleveloped  (which  will  be  referrvtl  t«»  Inter  under  the  diviaian  of 
power  development)  has  provided  a  combined  power  and  eanalbi* 

>  lH<rUtoii  aiMi  oitlvr  of  «ppr«iral  Wainxm  UImimI  Bmmi  Ciapaay*  V^  >t. 


202       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

tion  scheme.  Not  only,  therefore,  has  it  been  provided  that  all  exist- 
ing works  must  be  altered  to  conform  to  a  future  possible  canalization 
project,  but  that  all  new  schemes  must  be  constructed  in  such  a  way 
that  the  navigation  features  of  the  river  will  be  preserved. 

In  the  several  volumes  of  testimony  taken  by  the  commission  in  the 
years  1912,  1915,  and  1916  will  be  found  a  great  deal  of  information 
as  to  the  interests  of  navigation  on  Kainy  Lake,  Rainy  River,  the 
Lake  of  the  Woods,  and  the  Winnipeg  River,  and  the  effect  on  those 
interests  of  the  maintenance  of  various  suggested  levels  in  the  Lake 
of  the  Woods.  Attention  is  particularly  drawn  to  the  evidence 
offered  on  behalf  of  the  Rainy  River  Navigation  Company  at  the  1912 
hearings. 

Generally  speaking,  it  may  be  said  thfit  steam  navigation  on  the 
Lake  of  the  Woods,  Rainy  River,  and  Rainy  Lake  dates  from  the 
building  of  the  Dawson  Road  by  the  Canadian  Government  in  the 
early  seventies,  and  developed  rapidly  through  the  eighties  and  nine- 
ties as  a  result  of  a  mining  boom,  the  growth  of  the  lumbering  in- 
dustry and  fisheries,  and  the  increase  of  population.  Its  decline  may 
be  said  to  date  from  the  opening  of  the  Canadian  Northern  Railway 
between  Port  Arthur  and  Winnipeg,  which  runs  through  this  dis- 
trict. Water  transportation  will  no  doubt  revive  again  as  the  country 
becomes  more  thickly  settled  and  the  demand  increases  for  water 
transport  between  points  on  the  Lake  of  the  Woods,  Rainy  River, 
and  Rainy  Lake. 

At  the  various  hearings  held  by  the  commission  in  connection  with 
this  investigation  testimony  was  obtained  from  the  engineers  of  the 
United  States  and  Canadian  Governments  as  to  works  carried  out,  or 
in  contemplation,  for  the  improvement  of  navigation  in  these  waters.^ 

From  this  testimony,  as  well  as  from  the  official  records,  it  appears 
that  the  Corps  of  Engineers  of  the  United  States  Army  has  been 
engaged  for  some  years  past  in  the  improvement  of  Warroad  Har- 
bor and  River  and  Zippel  Bay  on  the  south  shore  of  Lake  of  the 
Woods.  In  his  testimony  at  Warroad  in  1915,  Major  Ernest  D.  Peek, 
of  the  Corps  of  Engineers,  stated  that  the  first  item  for  improve- 
ments at  Warroad  was  inserted  in  the  river  and  harbor  bill  in  1899 ; 
that  actual  construction  work  commenced  in  1902;  has  been  in 
progress  continually  since  that  date,  and  is  now  practically  com- 
pleted. The  total  expenditure,  as  given  in  the  report  of  the  Chief  of 
Engineers  for  1915  (pt.  1,  p.  1048)  was  $113,921.78  to  June  30,  1915. 

The  work  at  Zippel  Bay  consists  of  a  breakwater  and  dredging, 
which  was  commenced  in  1912,  and  up  to  June  30,  1915,  has  cost 
{^28,554.91.       • 

1  Hearings  re  Levels  of  the  Lake  of  the  Woods,  1915,  p.  35. 


FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      203 

Reports  have  also  been  made  at  various  times  on  propoeed  im- 
provements at  Amesen,  on  the  south  shore  of  the  Lake  of  the  Woods, 
at  the  mouth  of  Rainy  River,  on  Rainy  River,  and  on  Rainy  Lftke, 
but  it  was  decided  not  to  carry  out  any  of  these  projects  until  condi- 
tions would  warrant  the  expenditure. 

The  improvements  to  navigation  on  the  part  of  the  Canadian 
Government  have  consisted  mainly  of  dredging  at  the  mouth  of 
Rainy  River.  At  the  1915  hearings  Mr.  F.  Y.  Harcourt,  of  the  De- 
partment of  Public  Works  of  Canada,  stated  that  the  total  expendi- 
ture by  his  department  on  dredging  and  other  improvements  in  the 
Lake  of  the  Woods,  Rainy  River,  and  Rainy  Lake,  between  1907  and 
1915,  amounted  to  $270,858.84.^ 

At  the  Kenora  hearing  in  1915  it  was  brought  out  in  evidence  that 
the  value  of  steamboats  running  out  of  Kenora  amounted  to  8(xne- 
thing  over  $300,000.  There  are  also  about  450  gasoline  launches  on 
the  Canadian  side  of  the  Lake  of  the  Woods  valued  at  $320,000.  The 
investment  in  dockage  at  Kenora  and  Keewatin  amounts  to  $185/)00. 

There  are  at  present  three  vessels  of  United  States  register  plying 
on  these  waters,  the  Explorer  (gross  tonnage,  18),  built  in  1910,  and 
KoochicMng  (22),  built  in  1909,  on  Rainy  Lake,  and  the  Isabel  (80), 
built  in  1910,  on  Lake  of  the  Woods. 

•  llMrlDga  re  L»vi>la  of  the  Lake  of  the  Wood*.  1916.  p.  4U. 


XI.— RECREATION. 

It  would  be  difficult  to  overestimate  the  value  of  the  Lake  of  the 
Woods  and  its  tributary  waters  as  a  summer  resort  for  tourists  and 
as  an  ideal  resting  place  for  tired  city  workers.  Railway  communi- 
cation makes  it  conveniently  accessible  from  Winnipeg,  St.  Paul, 
Minneapolis,  Duluth,  Fort  William,  and  Port  Arthur,  and  even  from 
urban  centers  farther  afield.  The  climate  is  ideal.  The  lakes  con- 
tain thousands  of  picturescjue  islands  on  which  summer  homes  may 
be  built;  their  waters  offer  a  variety  of  game  fishes;  moose,  deer,  and 
other  wild  life  abound;  and  the  tourist  or  summer  cottager  has  at 
his  command  every  variety  of  boating.  Many  have  already  dis- 
covered the  possibilities  of  the  region,  and  in  the  years  to  come  very 
many  more  will  follow  their  example. 

The  progress  of  settlement  has  hitherto  been  so  gradual  that  one 
can  still  find  in  the  Lake  of  the  Woods  the  wild  beauty  and  charm 
of  a  spot  utterly  remote  from  civilization.  There  are  innumerable 
islands  in  the  lake  on  which  one  might  build  a  summer  home,  with 
the  certainty  that  no  suggestion  of  the  outside  world  would  obtrude 
itself  uninvited. 

Even  the  usually  rather  prosaic  and  unemotional  fur  traders  were 
impressed  with  the  rare  beauty  of  this  lake  of  islands.  Alexander 
Henry,  Sir  George  Simpson,  and  others  who  have  left  narratives  of 
their  journeys  through  these  v.aters,  have  united  in  praise  of  the 
scenic  and  other  attractions  of  the  region. 

Paul  Fountain,*  an  English  scientist,  who  crossed  the  Lake  of  the 
Woods  in  1865,  says: 

To  reach  llat  Portage  House  we  had  crosseil  the  Ijike  of  the  Woods,  and 
this  was,  to  my  mind,  tlie  most  enchanting  piece  of  water  we  liiid  yet  passed 
over.  Tlie  tiiousands  of  islets  tiiat  crowd  the  l)os()ni  of  this  laiie,  roci<y  and 
clotlietl  tldclily  with  pines,  and  trees  of  feathery  foliage ;  the  bold,  rocky 
shores,  rising  to  mountainous  lieights,  and  reflected  in  the  smooth,  glasslike 
waters,  made  up  a  scene  that  for  beauty  and  sublimity  I  had  not  hitherto  seen 
the  like  of  in  this  country. 

W.  F.  Butler,*  among  later  writers,  gives  the  following  description 
of  the  scenery  of  the  Lake  of  the  Woods,  a  description  which  will 
appeal  to  anyone  who  has  traveled  by  water  through  this  wonderfully 
picturesque  region : 

That  portion  of  the  Lake  of  tlie  Woods  through  which  we  now  steered  our 
way  was  a  perfect  maze  and  network  of  island  and  narrow  channel;  a  light 

*  The  Great  Northwest  and  the  Great  Lake  Region  of  North  America,  p.  74. 
"  Great  Lone  Land,  p.  156. 

204 


PINAL  BBPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      205 

breeze  from  the  north  favortti  us,  and  we  passcU  gently  along  the  rockj  iaiet 
shores  through  uiirutllecl  water.  In  all  directions  there  oiwned  out  inuiuserable 
channeiH,  some  narrow  and  winding,  others  straight  ami  open,  bat  all  Ijrlns 
between  sliores  clothed  with  a  ricli  and  luxuriant  vegetation;  shores  tlmt 
curved  and  twisted  into  mimic  bays  and  tiny  promontories,  that  nm  In 
rocky  masses  abruptly  from  the  water,  that  sloped  down  to  meet  the  Uka  In 
gently  swelling  undulations,  that  seemed,  in  fine,  to  present  In  the  ***«Tr*— 
of  a  single  glance  every  vtirying  feature  of  island  scenery.  Looking  throagb 
these  rich  labyrinths  of  tree  and  niuss-covercHl  rock.  It  was  dUBoUt  to 
imagine  that  winter  could  ever  stami>  its  frozen  image  u|)ou  such  a  soft  SUMMT 
scene.  The  air  was  balmy  witli  the  scented  things  which  grow  pnrfnsely  opon 
the  islands;  tlie  watvr  was  warm,  almost  tepid,  an«l  yet  deKpIte  of  this  the 
winter  frost  would  cover  the  lake  with  five  feet  of  ice,  and  Uie  thick  bmshwood 
of  the  islands  would  lie  hidden  during  many  months  beneath  great  <lepthii 
of  snow. 

A  quarter  of  a  century  earlier,  R.  M.  Ballnntyne,*  who  was  then 
in  the  employ  of  the  Hudson's  Bay  Company,  crossed  the  Lake  of  the 
Womls  by  canoe  from  Kat  Portage  to  the  mouth  of  Rainy  River, 
and  it  may  be  worth  while  to  quote  what  this  once  well-known  writer 
lias  to  say  of  the  scenery : 

Tliere  is  iiotliing,  I  think,  bftter  calculiite<l  t«>  awaken  the  mors  micmn 
fet>lings  of  our  nature  (unless.  Indeed,  It  be  the  thrilling  tones  of  sacrsd 
music)  than  tlH>M«'  nuble  lakes.  sluddiHl  with  liuiuuierable  Islets. 
bursting  on  the  traveler's  view  as  he  euiergvit  fntui  tlie  somber  foraat  rlt 
of  the  AmerU-an  wiltlerneH-t.  The  clear  unrultkit  wnier.  stretching  OM  Is 
the  horicou — li*Te  embracing  the  lumvy  and  luxuriant  f«>.'lafle  a(  a  iHMMlred 
wooded  Isles,  or  reHectlng  th«  wooil-clad  mountalus  uu  IIj«  mu$lm»  delhad  !■ 
all  the  varleimte«l  hueM  of  autumn ;  niwl  tlien*  gllitertug  wltlt  dawlJBg  hrlllhUMgr 
in  the  bright  rays  of  the  ev«*»lnu  nun,  ur  ri|H*linic  aBKMg  the  reeils  and  rwiMii 
of  mime  shallow  bay.  where  hundre«ls  of  wild  fi>wl  rhatter  as  ttwf  fWd.  with 
varl(*d  cry,  rendering  more  n|itureiil  nttlunr  than  illilurbUis  ibv  imlMnn  MllltK«M 
of  the  Hcvnc,  nil  temlM  to  "mine  the  i«»ul  fMm  nalun*  np  fo  natntv**  CJod.'* 
and  reminds  one  of  the  lienutlful  |MHMitK«>  «f  HnrtiHiim  "O  |j«U  ham  HMll* 
fold  are  Thy  works!  In  wIimIoui  linNt  TIm>u  niado  ihvtu  all;  lb*  earth  Is  fill 
of  Thy  rlclion." 

S.  J.  Dawson '  in  his  Ile|)ort  on  the  Red  Ri%«r  Kxpadilioa,  ISM, 

iiIko  has  Homotliin^  to  say  aiNiiit  tho  Lake  of  Um  Womb: 

It  would  Im)  dimcult  to  conceive  anything  wore  bnattllfttl  of  Its  kind  Ihaa  the 
scenery  of  this  lake.  Nland<i  rl««e  In  iiHitlniHiux  eluMem  and  In  etvcjr  varlst) 
of  form.  StwnetlmeM  In  imsiiliig  llimuitb  Ihetu  i1m«  |iruM|HKt  svews  enlUHr  ahnt 
In :  M<N)n  again  It  oimmim  out  ami  through  hMig  viKtas  a  glanee  Is  riilalnatl  «f  aa 
ocennllke  expense,  where  the  water  meets  tb»  burtaun.  Net  a  Insre  of  ctvUtaa* 
Uon  Is  anywhere  oliwrvable.  but  the  Indiana  are  nttmsmas*  and.  ladnnl.  iMa 
lake  seeuMi  to  In«  their  favtirlie  rt*M»ri  In  HUtnmer.  the  wild  rke  on  ll»  tweder^ 
and  the  flali  which  abound  In  Its  wuiem.  aUbedlag  thaw  aa  eaior  mnsM  of 
subalstenca,  not  to  mention  the  malae  whleh  they  po«r  on  the  Wands. 

>  lliidma'i  Bajr.  pp.  t71.  ftt, 

*  itAWMB.  Rtport  OB  til*  RiploniliMn  of  ih*  Cwmirr  iM«w«  tei»  WifiKir  •»»  iw 
U«h1  Ulvvr  SvlllvSMSl.  pp    it    >4 


206       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

In  addition  to  its  picturesque  qualities,  a  certain  romantic  interest 
is  lent  to  the  Lake  of  the  Woods  by  its  intimate  association  with  the 
Indians  and  their  legends. 

Says  Butler :  ^ 

Among  the  Indians  the  lake  holds  high  place  as  the  favorite  haunt  of  the 
inanltoii.  The  strange  water-worn  rocks,  the  Islands  of  soft  pipestone  from 
which  are  cut  the  bowls  for  many  a  calumet,  the  curious  masses  of  ore  resting 
on  the  polished  surface  of  rock,  the  Islands  struck  yearly  by  lightning,  the 
Islands  which  abound  In  lizards,  although  these  reptiles  are  scarce  elsewhere- 
all  these  make  the  Lake  of  the  Woods  a  region  abounding  in  Indian  legend  and 
superstition.  There  are  Isles  upon  which  he  will  not  dare  to  venture,  because 
the  evil  spirit  has  chosen  them;  there  are  promontories  upon  which  offerings 
must  be  made  to  the  manltou  when  the  canoe  drifts  by  their  lonely  shores; 
and  there  are  spots  watched  over  by  the  Great  Kennebie,  or  Serpent,  who  Is 
jealous  of  the  treasures  which  they  contain. 

Of  the  Indians  of  the  Lake  of  the  Woods,  as  they  were  in  1859, 
S.  J.  Dawson  has  this  to  say : 

They  are  a  fine  looking  race,  and  If  removed  from  the  humanizing  Influences 
of  civilization,  they  are  also  strangers  to  the  vices  which  it  brings.  The  men 
are  generally  tall  and  well  formed,  and  some  of  the  women  remarkably  comely, 
but  they  are  not  very  cleanly  In  their  habits,  and  there  can  be  nothing  more 
suggestive  of  indolence  than  their  mode  of  life,  which,  however,  has  one  fea- 
ture to  recommend  It  In  the  entire  exemption  from  care  with  which  It  seems  to 
be  attended.  Gliding  in  their  light  canoes  from  Island  to  island,  basking  in  the 
sunshine  on  some  i)ebbly  strand,  and  merely  exerting  themselves  to  an  extent 
sufficient  to  supply  tlieir  immetliate  wants,  the  future  affects  them  not  and 
they  appear  to  be  supremely  happy;  but  the  winter  brings  its  troubles,  and 
they  have  then  to  betake  themselves  to  the  forests  In  single  families,  where, 
having  only  game  to  depend  upon,  they  are  sometimes  sadly  straitened. 

Peter  Grant,  of  the  Northwest  Company,  was  present  as  a  guest  at 
one  of  the  religious  ceremonies  of  the  Chippawa,  at  their  camp  on 
Rainy  River,  about  the  end  of  the  eighteenth  century,  and  has  left  a 
curious  account  of  what  took  place  in  his  narrative,  "  The  Sauteaux 
Indians."  The  account  is  too  long  to  quote,  but  will  be  found  in  the 
second  volume  of  Masson's  I^e  Bourgeois  de  la  Compagnie  du  Nord- 
Ouest,  pages  358-361. 

In  a  statement  forwarded  to  the  commission  by  the  Kenora  Board 
of  Trade,  the  following  is  said  as  to  the  tourist  interests : 

Tlie  possibilities  for  the  development  of  tlie  tourist  truffle  on  tlie  Lake  of  the 
Woods  are  almost  unlimited.  The  beauty  and  general  attractiveness  of  the 
lake,  with  Its  myriad  Islands,  are  assets  which  compel  the  attention  of  every 
visitor,  and  the  number  of  people  who  frequent  its  .shores  is  increasing  yearly. 
During  the  past  season  (1913)  the  number  of  American  tourists  who  came  to 
the  lake  was  many  times  that  of  any  previous  year,  and  now  that  good  railway 
service  is  established  at  International  Falls  and  Fort  Frances  on  Rainy  River, 
and  at  Warroad,  with  all  points  to  the  south,  the  tourist  traffic  will  increase 
very  rapidly.  In  a  short  time  it  will  undoubtedly  become  the  leading  factor  in 
the  trade  of  (liis  section. 


1  Great  Lone  Land,  p.  159. 


PINAL  REPOET  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      207 

At  the  various  hearings  evidence  was  offered  both  as  to  the  advan- 
tages  of  the  Lake  of  the  Woods  country  as  a  tourist  resort  and  home 
for  summer  cottagers,  and  as  to  the  extent  to  which  Uiese  advantages 
had  already  been  availed  of,  particularly  by  residents  of  the  city  of 
Winnipeg.  At  the  Warroad  hearings  in  1912,  Mr.  George  A.  Ralph, 
drainage  engineer  of  the  State  of  Minnesota,  said,  in  answer  to  a 
question  as  to  the  importance  of  maintaining  the  navigability  of  the 
Rainy  River: 

I  believe  it  is  very  important.  I  believe  the  Lake  of  the  Woods  tn  ttme  to 
come  will  be  recognized  as  one  of  the  beauty  spots  on  the  contioeDt,  one  of  tbe 
most  beautiful  lakes  in  America,  and  that  it  will  attract  tourists  from  all  over 
the  world,  and  it  will  be  highly  important  to  keep  open  navlgatlOD  on  the  Rainy 

Ulver  as  far  as  Fort  Frances. 

At  the  Kenora  hearing  in  1915,  Mr.  S.  S.  Scovil,  engineer  of  the 
Lake  of  the  Woods  technical  board,  Canada,  gave  the  commission 
very  full  information  as  to  the  present  extent  of  tourist  traffic  in  the 
northern  waters  of  the  Lake  of  the  Woods,  lie  said  that  the  tourist 
beason  covered  about  three  months  of  the  summer;  that  from  2^000 
to  2,500  people,  principally  from  Winnipeg,  used  the  lake  as  a  sum- 
mer  resort;  that  they  occupied  many  of  the  islands  and  portions  of 
the  northern  shore ;  that  some  of  them  lived  in  sommer  cottages  and 
some  in  camps;  that  these  tourists  had  already  expended  about  a 
quarter  of  a  million  dollars  in  launches;  $191,000  in  boathooses,  and 
$34,545  in  docks.  This  was  up  to  the  cloee  of  the  season  of  1918. 
To  illustrate  the  almost  illimitable  poesibilitice  of  Che  Lake  of  the 
Woods  as  a  tourist  resort,  Mr.  Scovil  pointed  out  that  there  were  at 
least  1(),(K)()  islands  in  the  lake  available  for  summer  hnnwe,  only  a 
very  small  fraction  of  which  were  at  prsnnt  occupied. 

Mr.  Donald  H.  Currie,  at  the  same  hearing,  teatiBed  that  the 
tourist  traffic  dated  back  to  about  1890.  He  alio  mitionad  that  there 
were  two  large  summer  oampa  near  Kenora,  ona  mainUuMd  by  the 
Young  Men's  Christian  Association  and  tlie  othor  bj  the  Methodist 
Literary  Association,  both  of  Winnipeg.  Thaj  oampad  on  the 
islands,  and  each  had  from  200  to  800  eampan  throoghoat  the  fum- 
mer  season.  The  Canadian  Pacific  Railway  eedi  wedt  throai^MNit  the 
season  brought  out  about  a  thousand  people  from  Winnipeg  fbr  the 
week-end. 

Further  evidence  as  to  the  use  of  the  Lake  of  the  Woods  and 
waters  flowing  into  and  from  that  lake  by  tourisia  wae  obtained  at 
the  1910  hearings  in  Winnipeg.  (See  pp.  99T-861,  and  976-881.) 
The  latter  refers  to  a  colony  of  campers  on  the  Winnipeg  Rivrr. 
known  as  the  Minaki  Campers*  Association. 

In  this  connection,  a  few  words  may  be  said  as  to  game  antmaU  in 

the  Lake  of  the  Woods  region.    Of  the  larger  wild  game  lh«*  nxKiae 

and  red  deer  frequent  the  unsettled  portiona.    Caribou,  ««lii>li  is 
108QM-17 — ^14 


208       PINAL  EEPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

found  on  certain  of  the  islands  of  the  Lake  of  the  Woods  and  in 
other  localities  on  the  Canadian  side,  are  rarely  found  in  the  United 
States.  The  fur-bearing  mammals  are  numerous  in  the  less  fre- 
quented areas  and  a  considerable  business  in  fur  trapping  is  still 
being  carried  on  there.  In  Lake,  Cook,  and  St.  Louis  Counties  fur 
farming  has  been  undertaken  by  a  number  of  individuals.  The  black, 
cross  and  red  fox,  mink  and  skunk,  are  generally  raised.  This  in- 
dustry is  increasing  steadily  and,  utilizing  land  ill-fitted  for  other 
purposes,  will  in  time  assume  considerable  proportions. 


XII.— POWER  DEVELOPMENT. 

One  of  the  most  important  uses  to  which  the  waters  of  the  Lake  of 
the  Woods  and  the  waters  flowing  into  and  from  that  lake  have  been 
put,  is  the  development  of  power.  It  is  a  fortunate  circumstance  that 
this  region,  with  its  varied  resources,  should  possess  as  well  water 
j)Owers  capable  of  economical  development  to  an  extent  of  over  half 
a  million  horsepower.  It  is  an  equally  significant  fact  that  the  use 
of  this  power  is  no  longer  confined  to  the  vicinity  of  the  power  sites, 
but  under  modern  methods  of  hifjh  voltage  transmission  may  be 
used  in  connection  with  the  industrial  development  of  ninny  com- 
paratively remote  communities. 

As  Mr.  J.  B.  Challies,  superintendent  of  the  Dominion  Water 
Power  Branch,  says  in  a  recent  report: 

Historically  coosidered,  the  utilization  of  our  power  resources  has  posaed 
through  three  distinct  phases.  The  first  pertained  to  the  produetloo  of  power 
directly  und  from  natural  sources  as  water  and  wind,  and  its  use  was  oeceMarily 
limited  to  their  locution.  Kurly  manufacturing  communities  were  coneeqiMntly 
icroupcd  about  easily  availiiblo  wnter-power  sites.  This  phase  miglit  be  called 
the  wuter-i>ower  period  in  manufacturinK  Industries. 

The  second  phase  was  charHctcriiuMl  l>y  the  Krtulual  development  of  tbe  steaai 
enflrine  which  rendered  (wsslliie  the  utillzatiun  of  fuel  ns  n  source  of  power,  aJMl 
at  locations  where  It  was  requlrctl.  DuriuK  this  |>eriod  the  derdopownt  of 
coal  mines  and  the  rapid  extenHJon  of  railway  Hystenis  im|Mirted  a  treiueiHloM 
stimulus  to  eommerclal  and  Industrial  iMiten'rise.  Proximity  of  water  {towera 
waa  no  longer  the  controlltug  factor,  and  Industrial  communlUce  were  aatal^ 
Ilshed  wherever  avallahllity  of  raw  muterlnl.  labor,  transpurtatlon  fkcUlttea 
market,  and  fuel  iM>wcr  would  allow. 

The  third  phase  of  iwwcr  development  In  this  country  ayncbronlasa  with  Um 
advancement  of  the  art  of  hlKh-voltiiso  tninsmlsNlon  which  penults  tbe  develo|>> 
ment  of  jmwor  xoneratod  by  water  or  by  ateam  at  the  most  oonveiiieiit  and 
economical  |K)intM,  ami  Its  tranamlaalon  many  mllea  away  to  tbe  daelniHl  lursikMi 
of  use,  In  a  form  adapted  to  a  fraat  variety  and  conTenlenee  of  nea. 

With  the  exception  of  the  water  power  developed  on  the  iUin^ 
Kivor,  at  the  towns  of  International  Falls  and  Fort  FranoMi  and 
a  nnniU^r  of  undeveloped  aitee  in  the  upper  parte  of  the  walenhad, 
the  bulk  of  the  power,  both  developed  and  capable  of  devalopnent, 
now  under  oonsiderntinn,  lies  on  the  Winnipeg  Rirer,  and  therefare 
Itotli  "111  1.1,.  the  watershwl  and  entirely  in  Canadian  territory.  Since 
the  V  u  I  >l  I,  the  Dominion  Water  Power  Branch  haa  been  carryinf 
on  careful  ixiwer  surveys  of  the  Winnipeg  Bi?ar.  Tlie  rMiilte  of 
thes<  .  ,|  in  a  teriet  of  valiiabla  reporla 

F^)l i'  >  t hat  at  nine  dialinei  powar  iilat  OB 

MB 


210       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

the  Winnipeg  River,  by  means  of  suitable  storage  on  its  upper 
waters,  it  is  possible  and  economically  feasible  to  develop  over 
420,000  continuous  24-hour  horsepower.  Of  these  nine  possible 
power  sites,  three  are  now  under  development,  representing  a  total 
power  capacity  of  200,000  24-hour  horsepower.  One  site  is  com- 
pletely developed  by  the  Winnipeg  Electric  Railway  Company  on  the 
Pinawa  Channel,  and  produces  about  28,000  horsepower.  Another 
site  at  Point  du  Bois  Falls,  developed  by  the  city  of  Winnipeg,  pro- 
duces at  the  present  time  about  25,000  continuous  horsepower,  but  is 
capable  of  extensions  to  a  maximum  of  77,000  24-hour  horsepower. 
Development  at  the  third  power  site  at  Du  Bonnet  Falls,  having  a 
maximum  possible  development  of  95,000  24-hour  horsepower,  has 
been  commenced  by  the  Winnipeg  River  Power  Company. 

There  is  therefore  at  the  present  time  about  53,000  continuous 
horsepower  produced  on  the  Winnipeg  River,  and  transmitted  for 
use  in  and  around  the  city  of  Winnipeg,  which  can,  with  the  two 
present  plants  and  that  at  Du  Bonnet  Falls,  be  increased  to  200,000 
24-hour  horsepower.  The  six  remaining  sites  are  under  the  control 
of  the  Dominion  Government,  and  can  furnish  a  further  amount  of 
24-hour  power  to  a  maximum  extent  of  218,000  horsepower.  This 
refers  only  to  power  sites  on  that  portion  of  the  Winnipeg  River 
l3dng  within  the  boundaries  of  the  Province  of  Manitoba.  There 
are,  in  addition,  several  important  power  sites  on  the  Winnipeg 
River  within  the  Province  of  Ontario;  that  is,  between  the  point 
where  the  river  empties  out  of  the  Lake  of  the  Woods  and  the  point 
where  it  crosses  the  Manitoba  boundary. 

In  the  report  already  alluded  to  Mr.  Challies  indicates  very  clearly 
the  importance  of  the  comprehensive  system  of  development,  which 
the  Dominion  Government  has  in  view,  in  connection  with  the  Win- 
nipeg River.  It  may  be  explained  here  that  the  water  powers  of 
the  Winnipeg  River  in  the  Province  of  Manitoba  are  controlled  by 
the  Dominion,  while  those  in  the  Province  of  Ontario  are  controlled 
by  that  Province. 

Mr.  Challies  says: 

Development  under  the  Immediate  direction  of  the  Government  makes  certain 
the  fullest  possible  utilization  of  the  power  possibilities  of  each  stream,  whereas 
development  by  private  enterprise  almost  invariably  involves  waste  of  natural 
resources.  Private  capital  is  seeking  the  greatest  possible  immediate  return 
on  investment  and  naturally  confines  its  attention  to  the  most  concentrated  and 
easily  developed  portion  of  any  stretch  of  a  river.  The  least  precipitous 
portions  of  the  river  above  and  below  a  concentrated  stretch  involving  a  large 
unit  outlay  in  development  are  consequently  apt  to  be  neglected  and  perma- 
nently wasted,  because  no  other  enterprise  is  likely  or  able  to  undertake  the 
subsequent  development.  On  the  other  hand,  the  Government,  with  its  greater 
power  and  scope,  can  compel  the  construction  of  the  more  extensive  works 
necessary  to  develop  to  the  fullest  feasible  extent  so  that  every  foot-pound 


r" 


PINAL  EEPOET  OP  THE  INTEENATIONAL  JOINT  COMMISSION.      211 

of  energy  represented  by  the  falling  waters  of  the  Province  may  be  glY«D  vp 
when  necessary  to  the  service  of  man. 

The  prime  reason  for  the  exercise  of  Government  authority  orer  Uw  cootrel 
of  stream  flow  for  power  development,  is  that  under  nx>dem  aodal  and  tto- 
nomic  conditions,  this  step  is  necessary  to  insure  the  equal  puUdpatlOB  oC 
all  citizens  in  this  form  of  natural  wealth  which  is  peculiarly  tlM  baHtafli  9t 
the  whole  people. 

The  first  power  installation  on  the  Winnipeg  River*  wu  uiidar* 
taken  some  40  years  ago  at  Pine  Falls.  Advantage  was  taken  of 
the  rock  and  shore  formation  on  the  left  river  bank  to  blaii  a  powar 
raceway  for  the  purpose  of  carrying  the  headwater  level  to  a  lumbar 
and  shingle  mill  located  some  900  feet  below.  A  head  of  about  9 
feet  was  available.  No  diversion  was  constructed  in  ocmnactkai  with 
the  headrace,  the  natural  shore  line  providing  of  itaelf  all  the  iMili* 
ties  necessary  in  this  direction.  The  mill  was  in  oontinnooi  optr> 
ation  for  about  13  years,  when  it  was  <ihut  down,  and  some  5  or  6 
years  later  destroyed  by  fire. 

Of  the  three  sites  under  development  the  earliest  is  that  of  tha 
Winnipeg  Electric  Railway  Company  on  the  Pinawa  ChanneL  Tba 
hydroelectric  development  at  this  point  was  firrt  ondartalnti  bj  tha 
Winnipeg  General  Power  Company,  organised  in  1901.  Th«  Winni- 
peg Electric  Railway  Company '  was  inoorponted  in  1904,  and  amal- 
gamated the  interests  of  the  Winnip^  Qeneral  Power  Conpany  with 
those  of  the  Winnipeg  Electric  Street  Railway  Conpanr.  The  fMi- 
eral  scheme  called  for  the  diversion  into  the  Pinawa  Channel  of  a 
portion  of  the  Winnipeg  River  flow,  by  means  of  ditaniQa  waits 
across  the  main  channel,  and  the  coooentration  and  iletilopwaal  of  a 
40-foot  head.  Operations  oo  the  eieamtioo  of  Iba  dan  aiwi  lailnea 
began  in  the  spring  of  1908,  and  the  eooetmetioB  of  ihr  plant ' 
tically  completed  in  June,  1906,  at  a  eoit  of  appmximaidy 
Transmission  lines  and  substationa  ware  built,  the  length  of 
sion  lines  being  06  milei.  Thapowar»tfaniitndii<kUf  idtoiib' 
sUtions  anddiiftribatad  b  thadtiaiof  WInlpaf  aid8l.B«lflM0.llM 
towns  of  Transcona,  Stony  Mountain,  and  Staoewall,  the  rural  ■•• 
nicipalities  of  Fort  Qarry,  Assiniboia.  Rait  KUdooan,  8t  Aadrtwii» 
St.  Vital,  St.  Pauls,  Rockwood,  and  ia  mipplWd  in  bulk  to  the  West 
Selkirk  municipal  plant.  The  immediate  result  of  the  inlmdurlioB 
of  hydroelectric  power  in  Winnipeg  was  a  rrdnetioo  in  the  priee  of 
electric  light  from  90  cants  |>er  kilowatt  hmtr  to  10  casta  per  kilo- 


» Maeh  of  tb«  aatwlal  Nlattas  !•  PMN*  IhiUhi  •!  ••  im  wi*»i|««  ai««* 
toba  ti  takn  from  J.  T.  J«feail«%  B^wt  •■  tto  m^mtpt 

iBTOOtliatlODO.   l»i(k 

•  DotalU  M  to  tb«  hydrortortfte  sliai  aaS  tfet  MMaty  aai 
enterprlMo  controllta  bf  Um  Wlartpts 
following  docunifiil* :   Rtport  «• 

•t  Mq. :  Appendix  to  Ukt  of  tbt  WMSi  n««H*«K,  ff^  ••  •«  <m».  I 
Uto  Lakt  of  the  Woods:  u4  tto  BwHasi.  t*ti,  Itia^  aM  ttic 


212       PINAL  REPORT  OF  THE  INTERN ATION^AL  JOINT  COMMISSION. 

wafct-hour,  and  the  base  rate  for  power  was  reduced  from  12^  cents 
per  kilowatt-hour  to  6  cents  per  kilowatt-hour.  The  Winnipeg  Elec- 
tric Railway  Company  had  up  to  the  end  of  December,  1914,  ex- 
pended $10,788,782  in  connection  with  its  light  and  power  supply. 
The  capital  invested  in  industries  owned  by  the  same  company 
amounted  at  the  same  date  to  $20,585,974. 

The  initial  hydroelectric  development  of  the  city  of  Winnipeg^ 
at  Point  du  Bois  Falls  was  commenced  in  1909  and  completed  in  Oc- 
tober, 1911,  at  a  cost  of  $1,857,000.  Since  date  mentioned,  three  new 
7,000  horsepower  units  have  been  added  to  the  plant,  at  a  cost  of  about 
$500,000.  In  addition,  the  city  had  expended  for  the  construction  of 
a  tramway  line  in  connection  with  its  power  plant,  $522,000;  for  a 
telephone  system,  $43,000;  for  transmission  lines  and  terminal  sta- 
tion, $920,000;  for  real  estate,  $264,000;  for  its  distribution  system, 
$2,545,000;  and  for  conduits,  $345,000,  making  a  total  of  about 
$7,000,000. 

The  third  power  site  under  development,  that  at  Du  Bonnet  Falls, 
by  the  Winnipeg  River  Power  Company,  has  not  yet  been  developed 
beyond  the  clearing  of  the  site,  the  building  of  a  railway  and  some 
other  preliminary  work,  at  a  cost  up  to  September,  1916,  of  about 
$225,000.  The  estimated  cost  of  the  completed  works  is  about 
$6,000,000.  The  site  is  about  65  miles  from  Winnipeg,  and  the  pro- 
posed scheme  of  development  will  ultimately  concentrate  there  a 
head  of  56  feet,  made  up  of  the  Grand  Du  Bonnet  Falls,  the  Little 
Du  Bonnet  Falls,  and  the  Whitemud  Falls. 

In  a  statement  filed  by  the  superintwident  of  the  Dominion  Water 
Power  Branch  at  the  1916  hearings  in  Winnipeg,  the  total  capital  in- 
vestment in  industries  in  the  Greater  Winnipeg  Water  District,  and 
directly  dependent  upon  Winnipeg  River  power,  is  given  as  approxi- 
mately $170,000,000.  This  invested  capital  represents  an  annual  pay 
roll  of  about  $24,000,000,  with  about  30,000  persons  directly  engaged 
therein,  and  a  total  annual  product  worth  over  $135,000,000.  This  is 
the  result  merely  of  the  two  existing  developments — that  is,  the  com- 
plete development  of  the  Winnipeg  Electric  Railway  Company  in  the 
Pinawa  Channel,  producing  about  28,000  horsepower,  and  the  partial 
development  of  the  city  of  Winnipeg  at  Point  du  Bois  Falls,  pro- 
ducing at  the  present  time  about  25,000  horsepower.  As  already 
stated,  the  nine  distinct  power  sites  on  the  Winnipeg  River  in  Mani- 
toba are  estimated  to  offer  a  total  development  of  over  420,000  con- 
tinuous 24-hour  horsepower. 

In  addition  to  the  water  power  sites  on  the  Winnipeg  River  in 
Manitoba,  there  is  also  one  at  White  Dog  Rapids,  in  that  portion  of 

*  Details  In  connection  with  the  city  of  Winnipeg's  plant  at  Point  du  Bois  Falls  will  be 
found  in  the  Report  on  Winnipeg  River  Power  and  Storage  Investigation,  pp.  148  et  seq ; 
Arguments  re  Levels  of  the  Lake  of  the  Woods,  pp.  29  et  seq. ;  and  the  Hearings,  1912, 
1915,  and  1916. 


FIBTAL  KEPOBT  OF  THE  IKTERXATIOKAL  JOINT  COMMISSION.      213 

the  river  which  lies  within  the  Province  of  Ontario.  It  was  stated 
at  the  1916  hearings  in  Winnipeg  that  there  is  a  possibility  of  de- 
veloping a  head  of  about  45  feet  at  the  White  Dog  Rapids.  This 
water  power  is  controlled  by  the  Hydro  Electric  Power  CommiasioD 
of  Ontario. 

Although  in  time  local  markets  may  develop  for  some  of  these 
water  powers  on  the  Winnipeg  River,  it  is  altogether  likely  that  the 
city  of  Winnipeg  will  continue  to  absorb  the  larger  part  of  the  avail- 
able energy.  At  the  present  time,  in  addition  to  the  22fi00  horse- 
power steam  auxiliary  of  the  Winnipeg  Electric  Railway  Oimpany, 
there  is  a  total  installation  of  81,000  hydraulic  horsepower  on  the  Win- 
nipeg River.  Allowing  for  generating,  transforming,  and  transmis- 
sion losses,  this  latter  quantity  becomes  appro.\imately  63,000  hone- 
power  at  the  switchlxjard  in  Winnii>eg.  The  total  peak  load  in  both 
the  city  and  railway  systems  in  11)13,  1914,  and  1915  wss  51^M)0| 
55,400,  and  58,200  horsepower,  respectively.  It  is  evident  that  the 
present  installation,  without  the  steam  plant,  will  in  another  year  be 
taxed  to  its  full  capacity. 

The  city  of  Winnipeg  in  1914  had  an  estimated  populatioo  of 
210,000  inhabitants.  Assuming  that  the  same  rate  of  growth  will 
hold  in  the  future  as  in  the  past,  Winnipeg  in  1948  will  have  a  |>opu- 
lation  of  800,000.  The  present  consumption  of  |)ower  in  Winnipeg 
rises  during  peak  load  to  200  hor»e|>ower  per  1,0U0  inhabitants,  or 
an  equivalent  continuous  use  of  140  honiepower  [>er  IpOO,  A  |M>pu- 
lation  of  800,000  in  1948  would  on  this  basis  require  about  900^ 
horsepower  for  peak  load  distribution.  This  would  mean  a  develop- 
ment of,  say,  22&fi00  peak  loetl  hontepower  on  the  river,  from  whieb 
140,000  continuous  horsepower  at  the  turbinee  would  be  obtained. 
With  the  present  low-wator  flow  of  12,000  c.  f .  s.  in  the  Winnipeg 
Bivor,  a  continuous  |)ower  of  2M/)00  hydraulio  hon^pover  woiUd 
be  availsble  if  all  of  die  sites  in  Manitoba  were  devdojwd.  With  a 
regulated  dependable  flow  of  90,000  c  f .  s.  in  the  Winnipeg  Riv«r,  a 
continuous  power  of  420,000  hydraulic  horeepower  woidd  be  avail- 
able. At  the  present  rate  of  consumption  of  power  thert  wwdd  be 
oonsidernble  |)ower  remaining  for  other  usee  in  the  surrooiidtalglwil* 
tory  in  1948.  Assuming,  however,  that  the  per  capita  rate  of  eQB- 
sumption  will  incrosae  as  rapidly  as  in  the  pkt^  few  jrenm,  the  iwioiie- 
ments  of  Winni|H*g  at  that  time  would  practioallj  abeorb  ell  the 
available  |>ower. 

Up  to  tho  time  lii  li  in.  prt^wiii  loM-Mai«r  flow  of  l%fiO0  o.  f .  t.  ie 
fully  utilir^Ml  by  any  of  the  exiatinfc  plants,  ngttlatioB  of  the  Ltki 
uf  tho  W<hkI.x  in  not  i  fur  power  purpo««.    At  that  UoMi 

however,  with  »>  .,,  ibe  low-water  flow,  it  would  lieoone 

necoisao'  for  <  y  to  either  develop  another  tite,  inetell  a 

steam  auxiliary,  or  8uffer  a  curtailment  of  bwiiMaL    The  building 


214       FINAL  BEPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

of  a  steam  auxiliary  or  another  hydraulic  plant  would  entail  a  heavy 
overhead  charge,  and  require  an  increase  in  rates  to  electrical  con- 
sumers. On  the  other  hand,  if  with  the  same  dam  and  head  works 
an  additional  dependable  supply  of  water  would  allow  of  the  instal- 
lation of  further  turbines  and  generators,  the  overhead  charges 
would  be  proportionately  lessened,  and,  therefore,  a  decrease  in 
power  rates  would  result 

When  the  extremely  low  rates  charged  for  power  to  domestic  and 
commercial  consumers  in  Winnipeg  are  considered,  the  cause  of  the 
phenomenal  increase  in  the  rate  of  consumption  of  power  is  self- 
evident.  The  future  development  of  its  industries,  therefore,  depends 
upon  an  unlimited  supply  of  cheap  power,  and  that  can  not  be  pro- 
duced by  steam  plants  because  of  the  excessive  cost  of  coal.  Theo- 
retically the  minimum  rate  for  power  can  be  obtained  at  any  one 
site  under  present  conditions  when  the  largest  dependable  flow  possi- 
ble is  available  and  fully  developed  at  that  site. 

If  the  cheap  supply  of  water  power  for  Winnipeg  is  to  be  con- 
tinued in  the  future,  this  must  be  done  by  proper  regulation  of  the 
English  River  and  the  Lake  of  the  Woods,  regulation  of  the  former 
being  an  internal  matter  for  the  Dominion  of  Canada  to  decide. 
The  feasibility  of  the  regulation  of  the  latter  for  benefiting  this 
power  depends  on  the  relation  of  the  benefits  accruing  to  the  pro- 
I^rietors  of  these  plants  and  the  cost  of  obtaining  such  regulation  on 
the  Lake  of  the  Woods,  Rainy  Lake,  and  the  upper  reservoirs. 

Apart  from  those  considerations  which  involve  the  preservation 
of  the  rights  of  the  various  interests,  large  or  small,  affected  by  the 
levels  of  the  Lake  of  the  Woods  anjd  the  outflow  from  that  lake,  it 
would  appear  that  the  paramount  question  is  the  economical  develop- 
ment of  the  very  important  water  powers  available  on  the  Winnipeg 
River  below  the  outlets  of  the  lake.  These  water  powers  are  not 
directly  affected  by  the  level  of  the  Lake  of  the  Woods,  so  long  as 
they  secure  adequate  range  in  lake  level  to  permit  of  satisfactory 
equalization  of  outflow. 

Under  natural  conditions,  as  elsewhere  mentioned,  the  Lake  of 
the  Woods  discharged  its  waters  into  the  Winnipeg  River  through 
two  main  outlets,  the  larger  known  as  the  western  outlet  and  the 
other  as  the  eastern  outlet.  In  addition  to  these  two  natural  outlets 
there  are  three  artificial  channels.  The  position  of  these  five  outlets 
will  be  clearly  seen  by  reference  to  Plate  XIX  of  the  volume  of 
plates  in  the  report  of  the  consulting  engineers.  Reading  from  east 
to  west,  the  first  is  the  eastern  outlet,  now  completely  closed,  and 
controlled  by  the  Kenora  municipal  power  house.  The  second  is  the 
western  outlet,  controlled  by  the  Norman  Dam.  The  third  is  the 
artificial  channel  at  Keewatin,  controlled  by  mill  C.    The  fourth  is 


J^Lxn  *». 


4i  I    I     III 


a,  WINNII'KC    KLKCTKIC   K.\II.WAV    I'oWKU    IM.ANT. 


h,  POWRR   HOU8K,  PINAWA  TUANNKU 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      215 

the  artificial  channel  at  Keewatin,  controlled  by  mill  A.  The  fifth 
is  the  headrace  of  the  old  Keewatin  Lumber  and  Milling  Company  at 
Keewatin.  The  three  artificial  channels  have  been  cot  through  the 
narrow  rocky  ridge  separating  Portage  Bay  from  that  portion  of 
the  Winnipeg  River  known  as  Darlington  Bay. 

Taking  these  outlets  in  the  order  named,  the  eastern  outlet  is  a 
narrow  gap  in  the  rocky  ridge  separating  the  Lake  of  the  Woods  from 
the  Winnipeg  River.  In  its  natural  state  a  waterfall  existed  here, 
known  at  Kahkahkeewitchewon,  or  Steep  Rock  Fall.  In  1887  the 
Hudson's  Bay  Company  secured  title  to  the  land  along  the  easterly 
shore  of  the  outlet.  In  1892  the  company  leased  certain  lands  at  the 
outlet  for  the  development  of  power,  and  a  small  power  house  was 
constructed.  In  1902  the  town  of  Kenora  purchased  the  power  plant 
and  expropriated  such  lands  as  were  required  for  the  development 
of  the  power  at  the  outlet.  In  1906  the  present  power  house  wag 
built  and  the  channel  was  enlarged  to  allow  an  ultimate  development 
of  5,800  horsepower,  at  80  per  cent  efficiency  for  a  17-foot  head. 
The  total  amount  expended  by  the  town  of  Kenora  in  acquiring  and 
developing  the  power  site  at  the  eastern  outlet  is  $593,000. 

As  mentioned  earlier  in  the  report,  a  timber  dam,  known  as  the 
Rollerway  Dam,  was  built  in  the  western  outlet  in  the  winter  of 
1887-88.  This  was  practically  a  submerged  weir,  and  was  used  as 
a  means  of  regulating  the  waters  of  the  Lake  of  the  Woods.  In  1891, 
an  agreement  was  entered  into  between  the  Keewatin  Lumber  and 
Manufacturing  Company  and  the  Province  of  Ontario  for  the  con- 
stniction  of  a  regulating  dam  and  power  development  on  the  weatern 
outlet.  Two  years  later  the  rights  were  tran«<ferred  to  the  Keewatin 
Power  Company.  The  dam,  known  as  the  Norman  Dam,  wa»  com- 
menced in  Noveml)cr,  1893,  and  completed  in  1898.  In  that  jrear  the 
Province  of  Ontario  entered  into  a  supplementary  agreement  with  the 
Keewatin  Power  Company,  with  the  object  of  utilising  the  Norman 
Dam  for  regulating  ptirpones  in  the  interests  of  navigation,  the  con- 
trol of  the  regulating  works  to  be  in  the  hands  of  the  Department  of 
Public  Works  of  Ontario.  Provision  was  made  in  the agreeiaent  for  Hm 
termination  on  one  month's  notice  in  case  the  compenj  ■hoidd  require 
the  dnm  for  power  purposes.  In  that  event,  it  would  be  the  duty  of 
the  company  to  maintain  the  water  nt  onlinary  summer  lerel  in  the 
interest.H  of  navigati<m.  This  agretMncnt  is  .still  in  force.  In  191S,  the 
Keewatin  Power  Company  secured  a  release  from  the  ProTince  of  cer- 
tain conditions  of  expenditure  under  the  agreement  of  1891,  vis,  that 
they  were  to  expend  the  sum  of  $250,000  in  the  creation  of  a  water 
power  on  the  weetem  outlet,  of  which  amotmt  $160,000  were  lo  be  ex- 
pended within  a  perio<I  of  three  years  from  the  date  of  the  agreement 
The  company  have  actually  expended  $127,000  on  the  works.    Up  to 


216       FINAL  BBPOBT  OF  THE  INTEENATIONAL  JOINT  COMMISSION. 

the  present  time  no  power  development  has  been  undertaken  in  the 
western  outlet.^ 

The  first  cutting  through  the  rock  ridge  separating  Portage  Bay 
from  Darlington  Bay,  at  the  site  of  the  Lake  of  the  Woods  Milling 
Company's  mill  C,  was  made  about  the  year  1881,  power  being  devel- 
oped for  the  operation  of  a  sawmill.  The  property  changed  hands 
several  times,  and  finally  came  into  the  possession  of  the  Lake  of  the 
Woods  Milling  Company,  1907. 

The  cut  through  the  rock  ridge  at  the  point  where  mill  A  is  located 
was  made  by  the  Lake  of  the  Woods  Milling  Company  in  1887,  and  a 
power  house  was  built  at  the  lower  end  of  the  cut  in  Darlingt<m  Bay. 
At  the  Winnipeg  hearings,  a  statement  was  filed  by  the  Lake  of 
the  Woods  Milling  Company,  giving  the  value  of  their  property  in 
connection  with  mill  A  as  $1,980,000,  and  in  connection  with  mill  C 
as  $1,104,000,  or  a  total  of  $3,144,000.  The  company's  average  yearly 
pay  roll  is  given  as  $250,000,  and  the  yearly  value  of  products  manu- 
factured, about  $15,000,000.  They  are  using  at  present  (1916)  from 
8,400  to  3,700  horsepower,  and  are  gradually  increasing  the  capacity 
of  mills  A  and  C,  expecting  in  time  to  utilize  the  full  installation  of 
5,700  horsepower. 

The  power  house  and  headrace  of  the  Keewatin  Lumber  and  Manu- 
facturing Company,  at  the  extreme  westerly  end  of  Portage  Bay  were 
built  in  1879,  and  this  was  therefore  the  first  power  development  in 
connection  with  the  outlets  of  the  Lake  of  the  Woods.  The  power  de- 
veloped at  this  site  was  used  for  the  operation  of  a  sawmill  and  a 
planing  mill.  The  former  was  destroyed  by  fire  in  1905.  Since 
1906  the  entire  plant  has  been  closed  down. 

The  only  present  power  development  on  Rainy  River  is  that  at  the 
falls  between  the  towns  of  International  Falls,  Minnesota,  and  Fort 
Frances,  Ontario.  These  falls,  about  2^  miles  below  the  outlet  of 
Rainy  Lake,  have  been  known  at  different  periods  as  Chaudiere 
Falls,  Kettle  Falls,  Alberton  Falls,  Grand  Falls,  and  Koochiching 
Falls.  Before  the  building  of  the  dam  there  was  a  natural  drop  here 
of  about  22  feet. 

As  early  as  the  year  1873  Mr.  S.  H.  Fowler,  of  Fort  Frances,  who 
had  already  been  on  the  ground  for  several  years  as  a  squatter,  ap- 
plied to  the  Government  of  the  Dominion  of  Canada  for  the  sale  or 
lease  of  100  acres  of  land  at  this  point  to  be  used  as  the  site  of  a  mill, 
and  also  for  the  lease  of  100  square  miles  of  timber  limits  on  waters 
flowing  into  Rainy  River  or  Rainy  Lake. 

•  For  further  details  as  to  the  western  and  other  outlets  from  the  Lake  of  the  Woods 
and  the  works  constructed  thereon  see  Report  of  Consulting  Engineers,  text,  pp.  128  et 
seq. ;  Winnipeg  River  Power  and  Storage  Investigation,  pp.  163  et  seq. ;  and  the  Hearings, 
1912,  1915,  and  1916. 


PINAL  KEPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION.      217 

On  the  5th  of  March,  1873,  an  order  in  council  was  paawd  by  the 
Dominion  Government  giving  Fowler  permission  to  build  his  mill, 
and  promising  favorable  consideration  of  his  application  for  land 
at  the  falls  and  a  timber  limit,  so  soon  as  the  Indian  title  had  been 
extinguished.  Mr.  Fowler  weut  ahead  and  built  his  mill  and  a 
flume  to  convey  water  for  power  purposes  from  the  river.  He  again 
applied  for  permission  to  purchase  the  land  on  which  his  mill  had 
been  built,  and  for  a  timber  license. 

In  October,  1873,  another  order  in  council  was  passed  sanoiioniiig 
the  lease  of  73^  acres,  and  a  timber  license  for  60  square  miles.  This 
sanction  was  made  subject  to  any  right  of  the  Indians  to  a  reserve 
at  the  falls;  also  to  the  right  to  take  any  portion  of  the  land  for  public 
purposes;  and  further  to  any  rights  of  the  Hudson's  Bay  Company 
under  its  deed  of  surrender.  The  area  of  the  timber  limits  was  tx,- 
tended  the  following  month  to  100  square  miles.  Owing,  however, 
to  the  conflicting  claims  of  the  Dominion  and  Ontario  to  tlie  terri- 
tory in  which  the  lands  proposed  to  be  leased  lay,  it  was  not  until 
1881  that  the  Dominion  Government  granted  Mr.  Fowler  a  lease  to 
two  parcels  of  land,  one  north  and  the  other  south  of  the  canal,  with 
the  privilege  of  erecting  a  dam  at  the  head  of  the  canal,  and  a  bridge 
across  the  lock.  This  apparently  was  never  done.  The  lease  was 
canceled  by  order  in  council  in  1893,  and  the  mill  was  sultsequently 
destroyed  by  fire.  Fowler's  mill  represented  the  first  use  of  the 
water  of  Bainy  River  for  power  purposes. 

Between  the  last-mentioned  date  and  IIMM),  a  nunilter  of  applica- 
tions were  made  to  the  Dominion  Ciovernment  for  authority  to  utie 
tlie  water  power  at  Fort  F renew,  or  portions  of  it,  but  oolj  two 
contemplated  a  development  at  all  comniensurete  with  the  cspttcily 
of  the  falls.  One  of  these  appliirutions  was  on  l>«l)alf  of  Uic  lOiVB  W 
Fort  Fniiices,  which  hubmitte<l  a  scheme  for  the  dsvtlopaMll  of 
power  and  the  setting  apart  of  mill  sites.  The  plan  ooRtempltled 
the  construction  of  a  flume  from  a  point  above  the  falls  to  a  point 
below  tluMii,  and  running  along  Frtmt  Street,  in  the  town  of  Fort 
Fraud's,  the  niill  niles  to  l>e  laid  out  on  the  itoutii  side  of  the  ttlUDS. 

The  other  application  vms  made  by  a  group «of  AflMlMmii  dpitAl- 
iKts,  who  had  already  acquired  lands  on  the  south  Side  of  the  river 
and  obtained  the  authority  of  the  IJniteti  States  Govenmient  for 
dauuning  the  river  at  the  falla.  As  their  plans,  however,  iwitMa 
l>lateil  a  largi^  i>ower  development,  necessitating  a  dam  ole«r  tcnm 
the  stream,  it  \Yas  necessury  tliat  they  should  obtain  the  authority  of 
the  Canadian  (iovernnienU  There  the  nmtter  rastsd  for  sewnl 
years.  Nothing  further  was  heard  of  the  scheme  advmiMMi  bj  Hit 
town  of  Fort  Kninces;  and  the  American  intorwts  wart  appMrnllf 
not  prepared  to  go  on  with  their  project  until  there  was 


218       FINAL  EEPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

ance  of  transportation  facilities  for  the  products  of  the  industries 
they  proposed  to  establish. 

In  the  year  1904,  however,  they  entered  into  an  agreement  with  the 
government  of  Ontario  by  which  they  acquired  the  water  rights  on 
the  Canadian  side.  This  agreement  was  subsequently  replaced  by 
one  made  the  following  year.  Both  agreements  provided  for  the 
construction  of  a  dam  from  shore  to  shore  of  this  international 
stream  and  for  the  development  of  power  on  the  Canadian  side.  The 
same  year  the  applicants,  now  incorporated  as  the  Ontario  and  Min- 
nesota Power  Company,  obtained  an  act  from  the  Dominion  Parlia- 
ment confirming  its  right  to  develop  power  at  Fort  Frances.  In  1906 
the  company  obtained  an  act  from  the  Legislature  of  Ontario.  In 
1910  another  agreement  was  entered  into  between  the  Province  of 
Ontario  and  the  Ontario  and  Minnesota  Power  Company  permitting 
the  temporary  diversion  of  the  power  generated  on  the  Canadian  side 
for  use  on  the  American  side  of  the  river.  This  agreement  was  con- 
firmed by  an  act  of  the  Legislature  of  Ontario  of  1911.  In  1912  an 
act  of  the  Ontario  Legislature  was  passed  empowering  the  Ontario 
and  Minnesota  Power  Company  to  expropriate  land  for  a  paper  mill 
in  connection  with  its  power  works  at  Fort  Frances. 

The  parties  on  the  United  States  side,  who  had  acquired  the  lands 
on  that  side  of  the  river,  were  incorporated  first  as  the  Koochiching 
Company,  and  later  as  the  Rainy  River  Improvement  Company.  By 
act  of  Congress  in  1898  they  obtained  authority  to  build  a  dam  and 
develop  water  power  on  the  United  States  side.  The  time  allowed  for 
the  construction  of  the  dam  was  extended  from  time  to  time  by  subse- 
quent acts  of  Congress,  the  last  being  in  1908.  It  may  be  noted  that, 
on  account  of  the  fact  that  the  dam  at  this  place  extends  from  shore 
to  shore  of  an  international  stream,  it  was  deemed  desirable  that 
legislation  should  be  obtained  from  both  the  United  States  Congress 
and  the  Canadian  Parliament.  In  addition  to  the  two  companies 
mentioned,  the  Ontario  and  Minnesota  Power  Company  and  the 
Rainy  River  Improvement  Company,  there  is  also  the  Minnesota  and 
Ontario  Power  Company,  which  is  in  the  nature  of  a  holding  com- 
pany for  the  other  two.  There  is  also  on  the  Canadian  side  the  Fort 
Frances  Pulp  and  Paper  Company. 

It  appears  from  a  statement  at  the  Winnipeg  hearings  in  1916^ 
that  the  average  total  power  developed  during  the  five  or  six  years 
that  the  dam  has  been  in  operation  is  approximately  20,000  continu- 
ous horsepower.  The  dam  furnishes  a  head  varying  from  24  to  34 
feet.  The  power  is  used  for  the  operation  of  pulp  and  paper  mills. 
These  industries  furnish  employment  for  about  4,000  men.  The  total 
amount  invested  in  the  dam,  power  houses,  mills,  etc.,  on  both  sides 
of  the  river  is  approximatelj'  $10,500,000. 

1  Lake  of  the  Woods  hearings,  1916,  pp.  389  et  seq. 


Platk  50. 


u 

EftMKfe^ 

^^m^g^ 

■iP'^^'* 

ttHtJMt^tKK^'^^^ff^^^^^^^^ 

W^^_   • 

^*              .  Ve^*     "JIIH 

m0f^^'..  '^  '^:: 

jr-^T              ^^^^J 

r 

^^ji^r-^^^^^^^l 

0,  .SEVEN   8I8TEKS    FALLS,  WINNII'EO   KIVEK. 


6,  SILVER   FALLS    WLNMl'KG   KiVEIl. 


PINAL  REPORT  OP  THE  INTERNATIOKAL  JOINT  COMMISSION.      219 

In  addition  to  the  above-mentioned  water  power,  there  is  also  an 
undeveloped  water  power  at  the  Long  Sault  fiapids,  in  Rainy  River, 
about  40  miles  below  International  Falls.  The  consulting  rnginffiwi, 
in  the  text  of  their  ref>ort  (p.  226),  state  that  a  10  to  12  foot 
development  at  the  Long  Sault  would  appear  reasonably 
Such  a  development  would  produce  an  average  of  about  9,000  hora5> 
power.  As  already  mentioned  in  connection  with  the  subject  of  trans- 
portation, it  was  proposed  some  years  ago  to  build  a  dam  and  lock  at 
the  Long  Sault,  primarily  for  the  improvement  of  navigation. 

At  the  Kettle  Falls,  where  the  waters  of  Lake  Namakan  are  di»> 
charged  into  Rainy  Lake,  the  Rainy  River  Improvement  Company, 
completed,  in  1914,  two  concrete  and  masonry  dams,*  with  the  object 
of  securing  additional  storage  on  Lake  Namakan.  One  of  theee,  like 
that  at  International  Falls  and  Fort  Frances,  crosses  the  interna- 
tional boundary.    The  other  blocks  the  Canadian  channel. 

Above  Rainy  Lake,  along  the  international  boundary  and  in  both 
countries,  are  a  number  of  power  sites  at  which  smaller  quantitaee 
of  ix)wer  may  be  utilized  as  the  future  demand  for  electric  energj 
increases.  Of  the  smaller  power  sitt«  in  Canada,  very  little  informa- 
tion is  at  present  available,  yet  it  is  not  hniking  too  far  into  the 
future  to  see  these  powers  used  for  local  purposes,  fur  mining  per- 
haps, or  for  eleotriHcation  of  |)ortion.s  of  the  throe  trnnaoontimntal 
railways  which  pass  through  or  near  tlie  Lake  of  the  Woodf  water- 
shed. 

On  the  United  States  side  of  the  upper  waterdied  area,  •  narkat 
is  already  in  exist4>nce  for  all  the  available  water  powera.  Ahhoogb 
the  cities  of  Duluth,  HufMBrior,  and  Two  Harbora,  with  a 
population  of  150,000,  an*  within  a  din^ct  dtatance  of  100  miles 
these  powers,  one  nee<l  l<M>k  no  further  than  the  great  troo 
which  lie  partly  within  or  directly  contiguous  to  the  wateniied 
south  of  Vermilion  Lake.  These  undeveloped  powen  Us  williiB  a 
radius  of  from  3.*»  to  65  miles  from  the  ouitar  of  tha 
Along  the  international  lN)undary,  at  three  aitea  beti 
and  Namakan  Lakes,  an  average  of  epproxtmataly  90,000  how 
power  may  l)e  developed,  while  at  four  aitea  on  tha  VvBiUoo  Bivar 
and  one  on  the  Kawishiwi  River  a  total  average  of  abowt  ^jOOO  hmm 
power  may  Ih>  ol>taine<l.  In  fact,  the  Kawishiwi  River  Powar  Oan- 
pany  has  already  l)een  organized  to  build  a  plant  at  this  latlar 
Certain  of  these  power  aites  mustf  of  couree,  await  further 
and  development  l>efore  dama,  plants,  end  tranaiuiwtun  linea  ean  ba 
economically  constructed,  yet  eventually  this  power  will  be  mahily 
consnuMMl  in  mining  operations  on  tlio  range,  and  for  domeatic  and 
niuiiiripiil  us«<. 

•   riiinr    ilniii*.    nx    nill    iiii    tlin    tiKrriiiitloliiii  :     VMMM    DkM.    tW    ««|lir   f ■»€ 

4«T«lop«d  U>tr«.  and  lh«  p«p«r  aad  pulp  bUU  Iu  both  towa*  u«  roatr^lwl  iNr  Ito  mm» 
tutumbt. 


220       FINAL  REPOET  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

Some  idea  of  the  future  importance  this  power  will  be  to  one  of 
the  greatest  industries  of  America,  may  be  obtained  when  we  consider 
the  rapidly  increasing  use  of  electricity  for  commercial  and  mining 
purposes,  and  the  full  extent  to  which  the  available  power  south- 
ward from  the  range  will  soon  be  utilized  by  the  growing  cities  of 
Duluth,  Superior,  and  Two  Harbors. 

In  time,  should  the  supply  of  pulp  wood  become  exhausted,  a  por- 
tion of  the  International  Falls  power  might  be  transmitted  to  the 
iron  range,  a  distance  of  about  90  miles,  or  if  necessary  even  to  the 
Duluth  district,  a  distance  of  about  150  miles.  At  such  time,  say  in 
50  years,  tlie  entire  ai'able  portion  of  the  watershed  would  doubtless 
be  settled,  and  a  considerable  market  for  local  power  would  be  avail- 
able, such  as  the  Northern  States  Power  Company  has  built  up  in 
southern  Minnesota. 


Xin.— DIVEESIONS  FROM  THE  WATERSHED. 

In  the  Report  a  brief  summary  is  given  of  certain  correspondenoe 
between  the  Government  of  the  United  States  and  the  GKyvemiiMiit  of 
Canada  in  relation  to  the  proposed  diversion  of  the  waters  of  Birch 
Lake  to  Lake  Superior.  As  this  project  and  the  questions  to  which 
it  gave  rise  became  one  of  the  factors  in  the  decision  of  the  two 
Governments  to  refer  to  the  commission  for  investigation  and  re- 
port the  matter  of  the  levels  of  the  Lake  of  the  Woods,  and  as  the 
commission  in  its  report  has  made  certain  recommendations  on  the 
subject  of  diversions  from  the  Lake  of  the  Woods  watershed,  it  seems 
convenient  to  give  a  brief  account  of  the  project  for  the  diversion  of 
waters  of  Birch  Lake.^ 

The  Minnesota  Canal  and  Power  Company,  a  corporation  organised 
under  the  laws  of  Minnesota,  sought  authority  to  divert  at  least  600 
c.  f.  8.  from  the  Birch  Lake  drainage  basin,  in  St.  Louis  and  Lake 
Counties,  Minnesota,  and  forming  part  of  the  Lake  of  the  Woods 
watershed,  into  the  Embarrass  River,  thence  into  the  St.  LooJB  Riwr, 
and  St.  Louis  Bay  of  Lake  Superior.  The  ol)ject  of  the  diTeraon  wa« 
to  furnish  hy(lroele<'tric  power  to  the  city  of  Duluth. 

The  company  propost'd  to  erect  a  dam  at  the  mouth  of  Oabhro 
Lake  to  impound  water  in  the  lakes  tributary  thereto  and  form  what 
was  called  the  Iflalielle  Reservoir;  to  erect  a  dam  in  the  North 
Kawishiwi  River,  to  impound  the  waters  in  the  lakes  and  atreaiBB 
tributary  to  Birch  I^ke  UHtiirally  flowing  westerly  into  White  Trail 
and  (iarden  Lakes;  to  ere<t  a  dam  in  the  SoQth  Kswiahiwi,  whidi, 
in  conne<7tion  wit!)  the  dam  last  mentioned,  would  form  the  Ka- 
wishiwi Reservoir;  and  to  erect  a  dam  in  Birch  River  at  the  outkrt 
of  Birch  I^ike  to  impound  its  waters  and  fonn  the  Rirrh  Ijikv 
Reservoir. 

The  company  pro|MMied  to  cut  a  canal  from  the  west  tnd  of  Birdi 
Lake,  a  distance  of  about  6  miles  acron  the  divido,  to  tho  hsodwatan 
of  the  Embarrass  River,  and  to  erect  controlling  works  at  the  en- 
trance of  this  canal  to  regulate  the  flow  of  water  from  Birch  Laks 
into  the  Embarrass  River  Canal.  Prom  a  point  in  the  8t  Louis 
HivtM-  above  Clo4|net  it  prop<>se<i  to  dig  another  rnnnl  ahoui  914 
miles  long  to  a  point  in  the  city  of  Duluth,  where  the  blnif  b  ahout 
GOO  feet  above  the  wuter  level  of  l^ake  Superior,  and  to  lay  pipes  from 
the  easterly  end  of  this,  the  St  Louis  River  Canal,  to  the 

>  SooM  of  tiM  doeaoMBts  «aot«d  la  tkt  BcpoH  wtU  b*  fMM4  la  tht 
TMa  TCpcttOoa  It  aMVHary  to  eoaplMa  ta»  liM«ry  or  tat 


222       PINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

of  the  company  to  be  erected  on  the  shores  of  St.  I^uis  Bay.  The 
company  expected  to  develop  about  30,000  electrical  horsepower,  the 
amount  of  water  diverted  and  of  power  created  to  be  increased  here- 
after if  circumstances  permitted. 

The  Birch  Lake  drainage  basin  contains  a  chain  of  small  lakes, 
the  largest  of  these,  known  as  Birch  Lake,  lying  near  the  western 
border  of  the  basin.  A  portion  of  the  drainage  of  this  basin  flows 
westerly  through  the  North  Kawishiwi  River  and  Farm  Lake  to 
Garden  Lake,  with  a  fall  of  about  5G  feet  in  the  distance  of  9  miles ; 
another  portion  flows  southwesterly  through  the  South  Kawishiwi 
River  into  Birch  Lake,  and  thence  northerly  through  Birch  River 
and  White  Iron  Lake  to  Garden  Lake,  the  distance  traversed  by  the 
waters  along  this  route  being  about  24  miles.  Passing  Kawishiwi 
Falls,  the  waters  continually  increasing  in  volume,  flow  through  Fall 
Lake  over  the  Pipestone  Falls  to  Basswood  Lake,  lying  on  the  inter- 
national boundary  between  the  United  States  and  Canada;  the  waters 
thence  flow  in  a  general  northwesterly  direction  through  Crooked 
and  Iron  Lakes,  Lac  la  Croix,  Namakan  River  and  Lake,  to  Rainy 
Lake,  and  thence  through  Rainy  Lake  to  the  Lake  of  the  Woods, 
down  the  Winnipeg  River  to  Lake  Winnipeg,  and  finally  by  Nelson 
River  to  Hudson  Bay.  From  Basswood  Lake  to  the  Lake  of  the 
Woods  the  waters  flow  along  the  international  boundary  line,  with 
the  exception  of  about  20  miles,  where  they  traverse  the  Namakan 
River  entirely  in  Canadian  territory. 

On  February  25,  1904,  the  Minnesota  Canal  and  Power  Company 
applied  to  the  Secretaiy  of  the  Interior  at  Washington  for  authority 
to  use  certain  public  lands,  by  flowage  and  otherwise,  for  the  purpose 
of  creating  electrical  power  at  Duluth.  Application  was  also  made  to 
the  United  States  Secretary  of  War  for  the  approval  of  certain  plans 
for  structures  designed  to  impound  the  waters  of  the  Birch  Lake 
drainage  basin  and  divert  them  to  Lake  Superior,  and  for  authoriza- 
tion to  erect  such  structures  and  divert  the  water. 

Under  the  terms  of  its  charter  from  the  State  of  Minnesota,  the 
company  had  power  to  erect  the  works  for  the  construction  of 
which  it  had  asked  the  authorization  of  the  War  Department.  It 
was  also  vested  with  certain  powers  of  eminent  domain.  It  brought 
proceedings  in  ^he  district  courts  of  Minnesota  with  the  object  of 
putting  into  exercise  the  right  of  eminent  domain,  and  of  condemning 
property  and  rights  affected  by  the  carrying  out  of  its  plans.  The 
result  of  these  actions  and  of  subsequent  appeals  to  the  Supreme 
Court  of  Minnesota  will  be  referred  to  later. 

Among  numerous  protests  from  both  Canadian  and  United  States 
sources  against  the  proposed  diversion,  one  from  the  town  of  Fort 
Frances,  Ontario,  dated  March  17,  1904,  was  communicated  by  the 
Canadian  Government  through  the  British  Embassy  to  the  Govern- 


Plate  51. 


ONE   OF  MANY   WATER   POWERS. 


FINAL  REPORT  OP  THE  INTERNATIONAL  JOINT  C0HMI88I0N.      223 

ment  of  the  United  States.  On  January  25,  1905,  the  State  Depart- 
ment at  Washington  informed  the  British  ambassador  that  the  Sec- 
retary of  the  Interior  had  directed  the  Commissioner  of  the  General 
Land  Office,  before  whom  the  application  of  the  Minnesota  Canal 
and  Power  Company  was  then  pending,  to  suspend  further  action  in 
the  case  until  advised  as  to  the  result  of  an  investigation  to  be  nude 
by  the  International  Waterways  Commission. 

Earlier  in  the  same  month  the  Secretary  of  State  for  Canada  had 
drawn  the  attention  of  the  Canadian  section  of  the  International 
Waterways  Commission  to  ''  the  proposed  diversion  southward  by  the 
Minnesota  Canal  and  Power  Company,  of  Duluth,  ol  certain  waters  in 
the  State  of  Minnesota  that  now  flow  north  into  the  Rainy  River  and 
the  Lake  of  the  Woods."  In  March,  1905,  the  matter  was  brought 
to  the  attention  of  the  American  section  of  the  conmiission  by  a  letter 
from  the  company  asking  that  the  commission  deal  with  the  question 
at  the  earliest  practicable  moment. 

The  question  came  tip  l)efore  the  International  Waterways  Com- 
mission in  June,  1905,  but  no  action  was  taken,  because  tluMv  (>xisted 
some  doubt  as  to  the  jurisdiction  of  the  commission. 

In  August  of  the  same  year  the  subcommittee  of  the  couumssion 
made  a  general  investigation  of  the  l>oundary  waters  and,  among 
other  matters,  reported  upon  the  project  of  the  Minnesota  Canal 
and  Power  Company.  The  committee  stated  in  their  rei>ort  that  the 
water  of  the  Birch  Lake  drainage  system  formed  by  cuiuputation  7 
\)er  cent  of  the  water  passing  out  of  Rainy  Lake  at  Alberton  or 
Koochiching  Falls;  that  the  water  flystem  of  Rainy  I^ake  and  I^akr 
of  the  Woods  had  long  been  eetablished  aa  a  connnenial  highway; 
and  that — 

It  la  olalmcMl  thnt  If  |MTiiitsj«i«>ii  bo  kIvimi  h\  ili«>  Ki*«l<-r:«l  («*tvi«rnitMn)(  nt 
the  United  Stotes  to  the  project  of  th4»  IHiininmlii  Caiuil  iiimI  Tower  CkmfiaQjr.  a 
dlHfifitronH  inJuMtIro  will  )n>  iIoih*  to  (^nHdlnii  iiiul  AitM>rii-tiii  <<i>t«hUiilMil  aavt* 
Kiitloit  <-niiipaiileM  thiit  nrv  imw  umIiik  Dh*  wntvr  liljchMny  nf  lUlajr  Lake  and 
Itiilny  HIver  nnd  to  tli(>  luniiurncturlnK  towns  ahxig  tlw  livvr,  both  uit  IW 
Oouadlun  uud  United  Btntt«  nldtv. 

In  the  first  progress  re|)ort  of  Uie  Canadian  nelion  of  the  Inltr* 
Tiif  intKil  Wmi*  rwiys  Comiuission,  dated  DeoemberM,  1906,  the  report 
ui  Uii'  miImoiihuiuou  waa  indorsed.    The  report  my: 

It  la  i-i  MiiHci  Hint  the  watm  of  Blreh  Lake  aad  Birch  RIvvr  aod  Whli» 
Iron  Lake  i\v\\'  \^<  r  i m  the  chain  of  lakw  and  rlvern  along  the  boandary  wMrh 
are  reforrad  t.  m  ni,  W«helsr>AahbQnoQ  treatjr.  aad  ivMch.  hgr  tho  terwi  oT 
the  treaty,  am  n  t)til>llc  highway.  fr»o  to  the  HttaHm  and  iinh)M<t»  of  both 
conntrlea. 

The  I  iicre  ia  to  Article  II  of  the  treaty  of  IMft,  the  mam* 

tial  portion  of  which  reada  at  follows: 

It  beluf  underelood  that  all  the  water  i  iiii— alreHiw  aad  all  the  eeeal 
portafte  aloof  the  line  from  lake  8e|>«lw  to  Hm  Lake  of  the  Wooda.  ead 
IMQW-IT U 


224       FINAL  REPOBT  OP  THE  INTERNATIONAL  JOINT  COMMISSION. 

also  Grand  Portage,  from  the  shore  of  Lake  Superior  to  the  Pigeon  River,  as 
now  actually  used,  shall  be  free  and  open  to  the  use  of  the  citizens  and 
subjects  of  lK)th  countries. 

At  the  time  the  treaty  was  negotiated  these  waters  through  which 
the  international  boundary  line  passes  still  constituted  the  canoe 
route  of  the  fur  traders  from  Grand  Portage  to  Rainy  Lake. 

In  1906  the  application  of  the  Minnesota  Canal  and  Power  Com- 
pany was  formally  referred  to  the  International  Waterways  Commis- 
sion by  the  Secretary  of  War  of  the  United  States  for  investigation 
and  report. 

In  November  of  the  same  year  the  com^lission  made  a  joint  report 
on  the  compan3''s  application.  The  corajnission,  after  outlining  the 
history  of  the  case  and  describing  the  source  and  nature  of  the  objec- 
tions and  protests  filed  with  the  commission  on  behalf  of  various 
interests  opposed  to  the  granting  of  the  company's  application,  drew 
attention  to  the  fact  that  the  action  of  the  British  ambassador  on 
behalf  of  the  Canadian  Government  January  3,  1905,  in  requesting 
that  the  proposed  diversion  be  not  carried  out  pending  the  meeting 
of  the  commission — 

together  with  the  fact  that  the  rights  and  Interests  of  Canadian  citizens  will 
\Hi  affected  by  the  carrying  out  of  the  plans  of  the  Minnesota  Canal  and  Power 
Company,  and  the  fact  that  navigation  of  boundary  waters  will  be  to  some  extent 
injured,  if  such  plans  are  put  in  operation,  present  international  questions 
which,  In  the  opinion  of  this  commission,  will  be  Involved  in  many  other  in- 
stances of  lK)undary  streams  between  the  two  countries  and  require  tlie  most 
rareful  consideration. 

In  discussing  at  length  the  international  aspect  of  the  question 
involved  in  the  application  of  the  Minnesota  Canal  and  Power  Com- 
pany the  commission  asserted  that  "  the  proposed  diversion,  so  far  as 
it  would  affect  navigation  on  the  boundary  waters,  presents  a  serious 
objection  to  the  granting  of  the  privilege  asked."  After  quoting  the 
language  of  the  treaty  of  1842,  providing  for  "  the  free  and  open  use 
of  the  boundary  waters  from  Lake  Superior  to  the  Lake  of  the  Woods 
by  the  citizens  and  subjects  of  both  countries,"  the  report  says: 

This  clause  secures  to  Canada  free  and  unobstructed  navigation  of  the  bound- 
ary waters  from  which  the  proposed  diversion,  is  to  be  made.  In  the  opinion  of 
the  commission  It  secures  to  Canada,  by  necessary  construction,  the  right  to 
navigate  tliose  waters  in  any  manner  which  the  natural  flow  will  permit.  Any 
interference  with  the  natural  flow  which  decreases  the  navigable  capacity  of 
Basswood  Lake,  Rainy  River,  Rainy  Lake,  or  the  Lake  of  the  Woods  is  a 
violation  of  the  letter  and  spirit  of  the  treaty,  and  the  extent  of  the  Interference 
Is  not  Important;  if  the  navigable  capacity  is  injuriously  affected,  Canada,  has 
the  right  to  object.  Nor  does  the  possibility  of  restoring  and  regulating  the 
flow  In  the  boundary  waters  mentioned,  by  remedial  works,  confer  any  right 
to  lessen  the  navigable  capacity,  for  such  works  will  have  to  be  constructed  la 
part  in  the  Dominion  of  Canada,  and  this  can  not  be  done  without  Canada's 
consent,  nor  can  the  burden  of  constructing  such  works  be  imposed  upon  her. 


FINAL  REPOBT  OF  THE  IXTEBNATIONAL  JOINT  COMMIBBIOV.      2S5 


The  report  notes  the  different  construction  placed  tip<Hi  the  phi 
"  as  now  actually  used,"  as  securing  the  right  of  canoe  nangatioii  and 
nothing  more,  on  the  ground  that  at  the  time  the  treaty  was  entered 
into  the  waters  in  question  were  used  only  for  canoe  navigation,  but 
very  properly  points  out  that  the  words  quoted  relate  not  to  the 
water  communications  but  to  the  Grand  Portage,  and  continues : 


It  was  evidently  the  intetitlun  of  the  trentj'-maklog  powers,  In 
Ixiundaries,  to  secure  to  hoth  (*ountrles  the  free  and  open  nas  of  the  tWDdsry 
wuterM  for  interlur  couimunicatlon  und  transportation;  and  it  wooM  ssiM  tt> 
he  II  narrow  construction  of  tiic  clnuw  in  question  which  would  asriffi  ID 
powers  the  Intent  to  limit  the  rlKht  of  communication  and  ti 
canoes,  for  this  would  place  them  in  tlie  position  of  utterly 
conditions  and  practically  destroyiug  tla*  value  of  Uie  watsrwajrs  as  aaaas  oC 
communication.  The  broader  und  proper  construction.  In  tbs  oplnlwi  of  Chs 
commission,  Is  that  the  intent  was  to  presen'e  to  both  countries  tbs  "flSS  sad 
open  use  "  of  the  boundary  waters.  In  aoj'  manner  that  thejr  coold  bs  SMids  ass 
of  for  the  purposes  nieutlone<l. 

In  the  opinion  of  tlie  <ommlsMiun,  tlierefore,  tlM  permit  to  penssnsDtly  dlwit 
waters  which  woultl  supply  iliu  boundary  lakes  and  strssaas  OBsht  asC  Is  fes 
granted  without  ttie  concurrence  of  the  Dominion  Vt 


The  report  further  states  that,  apart  from  the  effect  of  the  treaty 
of  1842,  the  proposed  diversion  would  to  aome  extent  affect  tnjuri* 
ously  riparian  rights  upon  the  Canadian  side  of  the  boundaiy  watacSt 
and  would  also  affect  the  water  supply  uf  the  Nsmakan  River  aad 
oUier  waters  wholly  in  Canada. 

The  oommiasioners  pointed  out  that  in  arriving  at  ilirir  <  <>ii  lasion 
that  the  permit  to  permanmtly  divert  tiie  watsrs  of  thr  l>i..  i.  l^<>c 
drainage  basin  ought  not  to  lie  granted  without  the  eononrrsnoe  of 
Canada,  the  principles  involved  do  not  impugn  the  light  of  Ikt 
United  Statee  to  grant  the  permit,  bat  at  the  mms  tiase  Hmj  ar»  of 
such  great  importance  and  of  such  wideaprsad  applicaiiun  thai  ihs 
oommiasioners  believe  that  tltey  altould  be  sstilsd  snd  sppbsd  Uy 
both  countries. 

The  oommission  discuoied  si  length  the  pripeipim  of  iManmlkmal 
law  involved  in  the  diversion  of  watsra  on  one  ilde  of  an  Intaroa* 
tional  boimdary  which  may  affeet  inleraala  on  the  other  aids  of  the 
boondaiy,  quoting  Philliuiore,  Fsmhsm,  snd  other  suthohiMo,  |o 
the  gineral  effect  Uut  while  the  jurisdiction  of  s  naiiuo  «i(hin  tia 
own  territory  can  not  be  limited  esespl  by  ilsslf.  the  eaereiaa  of  that 
right  to  the  injury  of  a  friendly  nation  la  nol  Ji 

The  rsport  aK  forth  the  foil' ^ving  coseltBiieM  of 

1.  While  the  wsrit  propoeeil  i>plkast  wUl  be  oC  gnsl 

tbs  UinrsBls  ssnretf,  It  wtn  misrisrs  wtib 
sds,  sad  dw  eenaalBBlQn  ssis  as  yUMte  asMMMy  isr  H. 

IL  Tbs  piijissd  dlssmsa  wttl  talste  tts 
sT  lbs  I'Slisd 


226       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

State  of  Minnesota,  residents  of  the  United  States  having  property  rights  and 
Interests  In  Canada  and  In  the  boundary  waters,  residents  of  Canada  having 
property  rights  and  Interests  in  Canada,  and  municipalities  of  the  Dominion 
of  Canada.  The  rights  and  Interests  which  will  be  affected  are  divisible  Into 
two  classes,  namely,  those  which  depend  upon  navigation  directly  or  Indirectly, 
and  those  which  depend  upon  the  use  of  waters  of  the  various  streams  and 
lakes  for  power  purposes. 

3.  The  proposed  diversion  will  affect  Injuriously  navigation  upon  the  bound- 
ary waters  between  the  United  States  and  Canada,  above  mentioned,  and  upon 
navigable  waters  in  Canada  connecting  said  boundary  waters;  but 

4.  So  far  as  water-power  Interests  on  the  international  boundary  or  in 
Canada  are  concerned,  which  depend  upon  the  supply  from  the  Birch  Lake 
drainage  area,  although  remedial  works  at  locations  above  Rainy  Lake  may  be 
constructed,  the  total  amount  of  water  which  can  be  stored  and  used  for 
power  purposes  upon  the  boundary  and  connecting  waters  located  wholly  in 
Canada  will  be  diminished. 

5.  The  applicant,  the  Minnesota  Canal  and  Power  Company,  of  Duluth,  Minn., 
under  the  decision  of  the  Supreme  Court  of  Minnesota,  above  cited,  apparently 
has  not  the  power  to  utilize  the  permit  It  seeks  to  obtain,  but  possibly  may  ac- 
quire that  power.  It  would  seem,  therefore,  that  the  permit  which  the  applicant 
seeks  ought  not  in  any  case  to  be  granted  before  it  secures  authority  under  the 
laws  of  Minnesota  to  utilize  it. 

6.  That  the  rlglits  and  interests  of  the  residents  of  Minnesota  which  may  be 
affected  by  the  proposed  diversion,  are  of  so  much  less  importance  than  the 
Interests  which  will  be  promote<l  by  the  proposed  works  of  the  applicant,  that 
they  do  not  furnish  n  suffldent  reason  for  refusing  the  permit  sought.  Inasmuch 
as  full  compensation  nmst  l)e  made  to  such  persons  under  the  laws  of 
Minnesota. 

7.  Neither  the  State  of  Minnesota  nor  the  United  States  can  provide  the  ade- 
quate means  by  which  money  compensation  can  be  ascertained  and  made  to 
the  owners  of  the  Interests  In  Canada  which  may  be  Injured,  and  It  follows 
that  Individuals  sustaining  Injury  would  be  relegated  to  litigation.  This  is  a 
violation  of  the  principle  of  law  that  private  property  shall  not  be  taken  for 
public  use,  unless  provision  for  compensation  can  t)e  made  without  litigation 
and  its  attendant  delays  and  expense. 

S.  So  far  as  remedial  works  are  concerned,  it  is  sufficient  to  say  that  there  is 
no  jurisdiction  In  the  United  States  or  in  the  State  of  Minnesota  to  provide  for 
or  permit  the  erection  of  the  necessary  remedial  works  In  Canada. 

9.  That  although  it  might  be  advisable  to  grant  the  permit  applied  for,  in 
case  the  applicant  should  require  the  powers  necessary  to  utilize  it,  if  objec- 
tions arising  from  International  relations  did  not  exist,  treaty  provisions, 
international  comity,  and  the  Impossibility  of  providing  just  means  of  assuring 
adequate  compensation  for  Injury  to  interests  In  Canada,  or  of  pre.servlng 
navigation  unimpaire<l  on  the  boundary  streams,  without  concurrent  action  of 
both  Governments  concerned,  lead  us  to  the  conclusion  that  the  i)ermit  should 
not  be  granted  unless  the  full  protection  of  all  interests  not  cared  for  by  the 
laws  of  Minnesota  be  secured  by  concurrent  action  of  the  United  States  and 
Canada. 

The  commission  concludes  its  report  with  a  recommendation  that 
"  the  permit  applied  for  be  not  granted  without  the  concurrence  of 
the  Canadian  Government."  At  the  same  time  it  suggested  the  nego- 
tiation of  a  treaty  for  the  settlement  of  rules  and  principles  from 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      227 

which  all  such  questions  might  be  peacefully  and  satisfactorily  deter- 
mined as  they  arose.  It  further  suggested  that  such  a  treaty  ^  dioald 
prohibit  the  permanent  diversion  of  navigable  streams  which  crow? 
the  international  boundary  or  which  form  a  part  thereof,  except 
upon  adjustment  of  the  rights  of  all  parties  concerned  by  a  perma- 
nent commission,  and  with  its  consent" 

In  this  same  rcpoil  of  the  International  Waterways  Commission. 
a  number  of  objections  and  protests  from  interested  parties  on  both 
sides  of  the  boundary  are  set  forth  in  detail,  and  the  arguments  for 
and  against  the  application  of  the  Minnesota  Canal  and  Power  Com- 
pany are  carefully  analyzed. 

The  application  of  the  company  to  the  United  States  Secretary  of 
War  was  dealt  with  in  a  report  by  Major  George  McC.  Derby,  dated 
May  24, 1905,  and  addressed  to  the  Chief  of  Engineers,  United  States 
Army.  Major  Derby  enumerated  the  conditions  under  which  he 
considered  the  application  should  be  granted,  which  included  the 
following : 

The  Minnesota  Canal  and  Power  Company-  sboold  construct  and  maintain  a 
dnm  or  dams  in  Lalce  Namakan,  or  at  some  point  or  points  above  Ilainji  Ijika,  m> 
as  to  impound  and  store  during  periods  of  higli  water,  when  It  would  otberwlae 
go  to  waste,  an  amount  of  water  equal  to  the  entire  amount  dlTortad  tma  tbt 
wator8h(>d  of  Rainy  iMke,  rcleaslns  this  water  into  Ualny  I^ke  from  time  to 
Hmc  as  the  lnt«Twt8  of  navljnitlou  in  Rainy  RIvit  and  ab<t%-«  roajr  r»quln».  In 
arcnrrtanj'c  with  rrgiilntions  to  h««  made  hy  the  Htcntnrj  of  War. 

The  Aliunesotn  Canal  and  Power  Company  should  construct  and  maioialD  MMk 
additional  dams  as  may  be  oeceMary  to  maintain  BaMwood  Lake  and  tbe  otk«r 
liik(>8  i»<>t\v«t>ii  ilinli  I.ake  and  Rainy  I^ki*  at  or  above  Ibelr  mean  l»ral;  and 
should  ri>Iciis4>  from  all  xiich  tlanm  from  tlnM>  to  tlm«  noch  amottnt  of  wal«r  •• 
may  Im>  n<>«-«>HHary  to  alulre  logs  from  one  lake  to  tbe  nmtt.  and  fbr  oHmt  la* 
teri'MtH  of  navigation.  In  ac<'ord«n<<«*  with  regiilatlnna  to  be  made  by  the  Wtaw- 
tary  of  War. 

Apparently  no  action  was  taken  on  Major  Derby  ■  report  until  May 
19, 1910,  when  the  Secretary  of  War  iasued  a  permit  for  thm  dii 
of  600  c.  f .  s.  by  the  BiGniieeota  Canal  and  Power  Compenj 
Birch  r^ake  drninago  basin,  into  the  St.  Louis  RireTf  and  thenoe  into 
its  watt^r-power  canal.  The  permit  waa  iMoed  opon  oeitoin  eooditiOM 
apparently  de.signod  to  nafeguard  navigntion  and  oChtr  inlwHli  tbtl 
might  Ihi  aflfoctcd  by  the  proposed  diversion.  80  far  as  internal  i< 
waters  arc  concerned,  clansce  2, 8  and  4  are  of  q>ecial  interest. 

2.  That  NUth  Nupplcniciitnl  damn,  rvwrvolra,  and  otiMT  eootrolllnt 
th«  .S«Tr«»tary  t»f  War  may  dt'^'m  nectwmry  to  prenint  Inlerfewm'e  with  ihm 
navigable  caimriiy  and  umq  of  tbo  water*  of  the  lUrrh  I^ike  dralDaae  bmatn, 
ami  tlic  varttMiM  lakes  and  BtreauM  to  which  they  are  tributary,  ahall  he  eMh 
Ntructod  by  said  MlnneaoCa  Otnal  and  Power  OiMBpanjr. 

H.  Tliat  anld  company  h«<rohy  iirr4>|>t!i  and  ngnm  t»  tttrnfUf  with  asy  i|M(ial 
rondlllona  whirh  tlip  .*<orrriBry  of  War  may  hewafter 
INNw  for  tii««  proi(««'ii<>n  of  pr«>tMN-ty  and  other  primie  InterMla  en 
of  the  lutcruatUtnal  burtler. 


228       FIXAL  EEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

4.  TIjat  the  diversion  of  water  power  initler  tlie  authorization  shall  ho  of  such 
amount  only  as  will  not  materially  interfere  with  the  navijjable  capacity  of  the 
waterways  affected. 

Protests  were  send  to  the  United  States  Secretary  of  War  and  to 
the  Canadian  Government  against  the  issue  of  the  permit  by  the 
Lake  of  the  Woods  Milling  Company,  the  city  of  Winnipeg,  the 
Winnipeg  Electric  Railway  Company,  and  other  interests  opposed  to 
the  proposed  diversion. 

Mr.  Louis  Coste,  of  the  International  Waterways  Commission,  re- 
ported upon  the  matter  in  a  letter  dated  Febniary  26, 1910,  in  which 
he  said : 

I  understand  that  the  permit  grautwl  by  the  Secretary  of  War  for  the  United 
States,  for  the  diversion  In  question,  contains  provisions  against  any  damage 
to  naviKation  Interests;  but  I  fail  to  see  how  a  permanent  diversion  of  600 
cubic  feet  of  water  per  second  from  a  river  like  the  Rainy  River,  whose  mini- 
mum flow  Is  certainly  not  more  than  4,0(H>  cubic  feet  per  second,  can  be  per- 
mitted without  injuring  navigation  interests  on  that  river  at  the  period  of  low 
water. 

In  connection  with  this  Important  question,  which  may  affect  materially  navi- 
gation Interests  on  the  Rainy  River  and  on  the  Wlimipeg  River,  and  certainly 
affects  detrimentally  the  Interests  of  power  companies  cm  these  rivers,  permit 
me  to  suggest  that  the  Canadian  section  of  the  present  International  Water- 
ways CJommlsslon  be  requested  to  report  on  the  merits  of  the  question  by  a 
reference  made  directly  either  from  your  department  or  by  the  privy  council. 

Mr.  Coste  recommended  that  the  attention  of  the  United  States 
Secretary  of  War  be  called  to  the  fact  that  the  Canadian  Government 
Imd  received  protests  against  the  permit  for  the  diversion,  and  that 
it  was  important  that  the  matter  be  investigated  from  an  inter- 
national standpoint. 

In  a  further  letter  dated  October  1,  1910,  Mr.  Coste  said : 

In  my  opinion  these  provisions  (In  the  permit)  are  totally  inadequate  and 
would  have  to  be  supplemented  by  the  construction  of  various  dams  creating 
large  reservoirs  upon  Canadian  territory.  It  is  apparent  therefore  that  the 
Canadian  Government  can  legitimately  protest  against  this  permit  in  spite  of 
Article  II  of  the  recent  treaty  concluded  between  the  two  countries. 

On  October  25,  1910,  the  International  Waterways  Commission 
was  requested  by  the  Secretary  of  State  for  Canada  to  examine  into 
and  report  upon  the  subject  of  the  proposed  diversion. 

Three  days  later  the  commission  reported.  After  quoting  the 
terms  of  Article  II  of  the  treaty  and  the  terms  of  the  permit 
granted  by  the  Secretary  of  War,  the  commission  suggested  the  need 
of  further  conditions  being  imposed  under  the  permit  to  fulty  pro- 
tect the  private  interests  in  Canada  which  would  be  injuriously 
affected  by  the  proposed  diversion.  It  was  submitted  that  "  one  of 
the  conditions  necessary  may  be  a  provision  requiring  that  the  com- 
pany shall  amend  their  State  charter  in  such  a  way  as  to  protect 


Plate  52. 


a,  MAIN   WEIR,  PINAWA  CHANNEL 


6,  WINNIPEG   POWER   PLANT,  POINT  DU  BOIS   FALLS. 


FINAL  BBPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      229 

Canadian  interests  by  providing  for  such  intereeto  the  legal  remedieB 
provided  by  Article  II  of  the  treaty ;  "  and  they  added : 

It  is  excee<liugly  desirable  witii  a  view  to  the  proi)er  fulfillment  of  tlie  obliga- 
tions entered  into  by  each  country,  that  uniform  couditious  and  regnlatloai 
should  be  aCTee4l  upon  which  would  be  applicable  in  all  oases  arising  nnder 
this  provision. 

Referring  to  the  last  paragraph  of  Article  II  of  the  treaty,  and 
the  following  language  of  the  permit  granted  by  the  Secretary  of 
War,  "the  diversion  of  water  power  under  the  authorization  shall 
be  of  such  amount  only  as  will  not  materially  interfere  with  the 
navigable  capacity  of  the  waterways  aflfected,"  the  commission  re- 
ported as  follows: 

It  Is  submitted  with  respect,  however,  that  it  would  be  very  ansafe  to  allow 
the  proposed  diversion  to  proceed  with  only  this  Keneral  provision  for  the 
protection  of  public  interests  of  navigation  which  may  be  affected  In  Canada. 
As  similar  difficulties  are  likely  to  arise  elsewhere.  It  is  respectfully  submlttod 
that  where  diversions  in  one  country  may  be  productive  of  injury  to  navlfa- 
tlon  interest«i  in  the  other,  permission  should  not  be  granted  authorlxtav 
diversions  or  obstructions  until  some  internutional  tribunal  such  as  tlM 
international  commission  should  have  considered  and  reported  upon  tba 
of  such  diversions  or  obstructions  upon  such  Interests,  and  with  regard  to  the 
compensatory  works  necessary  to  be  constructed  In  each  case. 

In  reply  to  a  letter  from  the  Under  Secretary  of  State  for  Ex- 
ternal Aflfairs  (Canada).  Mr.  (now  Sir)  Heorge  C.  Gibbons  wp*!** 
on  October  20,  1910: 

It  must  lie  taken  that  the  plans  to  he  approved  will  prmida  for  Iha  «' 
tlon  and  mnlnteiiance  of  such  remedial  works  us  will  fnllj  oooiNBaalc  i.: 
Injur)-  whicli  otherwise  would  be  done    *    *    *.    At  tho  aama  tiBW  I  think  ihp 
ground  taken  In  our  report  that  some  International  trlbttaal  riMvM  bo  con* 
sultcfl  as  to  what  remedial  works  are  necMaary  Is  uiKnisaHflnabla.    It 
nnd  I  think  will  be,  essential  that  some  of  theae  works  shoaM  ho 
In  Canndlnn  territory.     This  makoo  It  Still  UMNO  InuMtrtsnt  thst  a 
Joint  understanding  be  arrivetl  at  bofbre  anj  plans  are  approttd. 

On  November  22, 1010,  the  SecreUry  of  Statd  for  BxttriMl  Afain 
reported  to  the  Privy  Council  on  the  quMtion  of  thi  Birch  L«hi 
diversion ;  and  on  December  23,  1910,  a  report  of  Che  Oowimitlee  of 
the  Privy  Council  was  approved  by  His  Excellency.  The  repoit  Mli 
forth  the  fact  that  the  city  of  Winnipeg  and  other  intOTMlt  had  pro- 
tested against  the  proposed  diversioD;  that  the  Intunatiaaal  Water- 
ways Commission  had  reported  afainat  the  graalillg  ol  a  permit 
without  tho  concurrence  of  the  Canadian  OoremiMnt;  that  Artida 
IT  of  the  treaty  is  designed  to  saf^ard  intaniti  on  one  nda  of  tba 
iKiurulnry  injuriously  affected  by  mch  ditardon  on  tha  othw  rfda  of 
the  lH)tindnry ;  that  paragraph  8  of  the  permit  granted  by  tha  Saevt- 
tary  of  War  is  doubtless  intended  to  prorida  anch  spaeial  eondltions 
as  will  protect  priTate  intaresta  on  both  ddea  of  tha  bouaduy  Vm; 


230       PINAL  REPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

that  citizens  of  Minnesota  are  possibly  protected  by  State  legislation, 
but  that  "special  conditions  may  have  to  be  imposed  on  the  com- 
pany for  the  protecticm  of  property  and  other  private  interests  on  the 
Canadian  side  of  the  international  border,  so  as  to  provide  to  citizens 
of  Canada  the  same  legal  remedies  as  if  the  injury  done  them  took 
j)lace  in  the  State  of  Minnesota  " ;  that  the  Government  desired  infor- 
mation as  to  "  what  rights  and  remedies  the  citizens  of  Minnesota 
will  have  with  regard  to  the  proposed  diversion,  and  what  corre- 
sponding measures  are  intended  to  be  taken  with  a  view  to  the  estab- 
lishment of  similar  rights,  and  to  provide  similar  legal  remedies  for 
citizens  of  Canada." 

In  regard  to  the  apprehended  injury  to  navigation,  the  report 
requested : 

TImt  the  I'nlted  States  Oovernuieut  .should  be  usked  to  cousider  whether  in 
cases  where  the  diversion  or  obstruction  of  water  iu  one  country  may  be  pro- 
diictive  of  Injury  to  mivifiation  interests  In  the  other,  permission  for  such  diver- 
sion or  obstruction  should  be  prante^l  until  the  International  Joint  Commission 
provided  for  In  the  boundary  waters  treaty  has  considered  and  reported  up<jn 
the  effec't  of  such  diversions  or  obstructions  ui)on  such  Interests,  and  with 
rcKnrd  to  the  (•i)mi)ensatory  works  necessary  to  l>e  c«)nstructe<l  In  each  case. 

On  December  29,  1910,  His  Excellency  the  Governor  General  for- 
warded a  copy  of  the  report  mentioned  above  to  the  British  Embassy 
at  Washington,  with  a  request  that  the  matter  be  brought  to  the 
attention  of  the  United  States  Government  with  the  object  of  obtain- 
ing an  expression  of  their  views  on  the  subject. 

On  August  22,  1911,  the  Acting  Secretary  of  State  at  Washington 
replied  to  the  British  ambassador,  stating  that — 

Tlie  provisions  of  Article  II  (of  the  treaty)  are  regarded  by  this  Government 
as  self-operative  as  laws  and  do  not  require  any  supplemental  lej?islatlon  to 
Rive  them  effect  on  this  side  of  the  boundary,  so  that  by  virtue  of  this  article 
of  the  treaty  the  Canadian  interests  concerne<l  are  already  entitled  to  all  the 
legal  rights  and  reme<lles  which  would  l>e  extended  to  them  In  the  local  courts 
if  their  cau.se  of  action  arose  within  the  jurisdiction  of  those  courts. 

I  regret  that  this  Government  can  not  undertake  to  answer  your  inquiry  as 
to  what  are  the  rights  and  remedies  of  the  citizens  of  Minnesota  in  respect  to 
sucli  a  case  as  the  one  under  consideration,  for  that  is  a  question  which  de- 
pends to  a  great  extent  upon  State  law  rather  than  Federal  law,  and  falls  out- 
side of  the  jurisdiction  of  this  department,  except  In  so  far  as  the  treaty  re- 
quires that  Canadian  interests  shall  receive  the  same  treatment  as  similar  in- 
terests in  the  State  of  Minnesota,  and  on  this  point  the  provisions  of  the  treaty 
are  regarded  as  sufficient  in  themselves  to  insure  such  treatment. 

This  Government  has  also  given  careful  consideration,  as  requested  by  you 
on  belialf  of  the  Canadian  Government,  to  the  question  of  whether  in  cases 
where  the  diversion  or  obstruction  of  water  in  one  country  may  be  productive 
of  injury  to  navigation  interests  in  the  other,  permission  for  such  diversions 
or  obstructions  should  be  granted  until  the  International  Joint  Commission 
provided  for  under  the  treaty  lias  considered  and  reported  upon  the  effect  of 
such  diversions  or  obstructions  upon  such  interests  and  with  regard  to  the  com- 
pensatory works  necessary  to  be  constructed  in  each  case. 


FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION.      231 

It  appears  fnmi  an  exaiuinatloii  of  the  terms  of  the  treaty  that  no  Jiii1ailie> 
tion  is  conferre<I  upon  the  International  Joint  Commlavlon  with  refareaca  to 
waters  flowing  acrws  the  iKiundury  or  which  are  tribatarj  to  boaodarj  watara 
in  distinction  from  boundar>-  waters'  theinselves  as  defined  in  the  treaty  and 
that  therefore  the  commission  has  no  authority  to  refuse  penniaakm  to  divert 
or  obstruct  waters  of  the  description  referred  to  In  this  ioquirjr.  That  the 
Canadian  Government  conctirs  in  this  view  is  evident  from  the  fact  that  io- 
Ktead  of  proposing  that  the  desired  action  be  taken  under  the  treaty  the  pro- 
posal comes  in  the  form  of  a  request  for  the  cooperation  of  thla  Ooremiiiant. 
In  tiie  absence  of  an  express  treaty  provision  conferring  upon  the  coondaloo 
Jurisdiction  to  deal  authoritatively  with  a  case  Involving  the  dlTeraloa  of 
tributary  waters,  it  does  not  seem  desirable  to  this  Oovemroent  that  such  a 
question  should  be  referred  to  the  commission,  because  the  rights  of  the  In- 
terested parties  in  such  cases  are  conclusively  established  tinder  the  prorlaioiM 
of  Article  II  of  the  treaty,  and  an  attempt  by  the  commission  to  Interfere  in 
such  rights  would  necessarily  be  Ineffective.  Under  Article  IX  of  the  treaty. 
however.  Jurisdiction  is  conferred  upon  the  commission  to  examine  and  report 
at  the  request  of  either  party  upon  all  questions  cot  otherwise  dealt  with  In  the 
treaty  which  involve  the  rights,  obligations,  or  Interests  of  either  party  in 
relation  to  the  other  or  to  the  inhabitants  of  the  other  along  their 
frontier,  and  It  would  be  agreeable  to  this  Government  to  take  up  with 
Canadian  Government  the  question  of  requesting  the  conmilRslon  to 
into  and  report  upon  a  general  plan  for  the  improvement  for  navigntion  and 
|)ower  purposes  of  all  the  boundary  waters  to  which  the  waters  referred  to  in 
your  note  are  tributary. 

On  Dtecember  21,  1911.  the  Secretary  of  the  Interior  Department 
of  Canada  wrote  the  Tnteniational  Joint  Commi.<ision  calling  their 
attention  to  the  fact  that  that  department  had  jiirisdicticm  over  the 
water  powers  of  the  Province  of  Manitoba,  and  desired  to  bring 
liefore  the  commission  the  great  water-power  interests,  both  preaent 
and  future,  which  are  dependent  on  the  Winnipeg  Rirer,  and  which 
would  be  affected  bj  the  diversion  of  the  waters  of  Birch  liake  drain* 
age  basin  by  the  Minnesota  Canal  and  Power  Company.  The  Wttar 
if!  accompanied  by  several  maps  and  deacribee  in  detail  the  drainage 
areas,  power  possibilities,  and  present  and  prospeetite 
of  power  on  the  Winnipeg  River,  "  safltdent  to  show  Um 
future  importance  of  this  river  to  the  Province  of  Manitoba,  and  to 
nhow  the  importance  of  guarding  it  against  any  posnble  depIeti<Ni  in 
its  headwaters." 

The  letter  conclude<I : 

It  would  apitonr  iniidviMtbio  to  In  any  way  latwfera  with  tiM  aataral 
of  Nupiiiy  nnd  uiiow  ii  pcrmnnout  divenrton  of  any  portJoo  oC  It  tnm  lla 
chnniiriN.  Before  any  final  nuthortaatloo  of  tbo  pfopossd  BIreli  Lain  dli 
In  made.  It  Is  desired  that  the  wateriiower  rasoorees  of  Um  Wtnajpsg  Wvsr  la 
the  Province  of  Manitoba  be  fully  coaMeied.  aad  If  any  eMiiM<«ce  Is  Md 
raiardinf  the  proposal,  that  tho  DipartaMBt  of  the  tnlarlor  be  dvaa  an  oepar. 
tunlty  to  appear  and  preaant  its  vlewn. 

Tlic  Minnesota  Canal  and  Power  Conpany,  as  atnadj  mentiooad, 
brought  proceedings  in  the  courts  of  Minneaota  for  the  purpoM  of  es- 


232      WNAL  KBPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

ercising  the  right  of  eminent  domain.  The  case  was  appealed  in  1906 
from  the  district  court  to  the  Supreme  Court  of  Minnesota,  which  de- 
cided that  the  waters  which  would  be  affected  by  the  carrying  out  of  the 
company's  plans  were  public  navigable  waters,  and  that  the  statutes 
under  which  the  company  was  organized  did  not,  as  an  incident  to 
the  constniction  of  the  canal  and  the  creating  of  the  water  power, 
authorize  it  to  withdraw  and  divert  waters  from  public  navigable 
lakes  and  streams  to  such  an  extent  as  to  interfere  with  present  or 
future  navigation,  and  by  means  of  canals  carry  it  over  a  divide  and 
discharge  it  into  a  different  drainage  area,  thus  permanently  with- 
drawing it  from  its  natural  course.  The  application  of  the  company 
to  condemn  property  and  rights  of  individuals  was  therefore  dis- 
missed. 
The  supreme  court  in  dealing  with  the  case  said ; 

In  view  of  the  presumption  in  favor  of  the  rights  of  the  individual;  the 
Htate  and  Fe<leral  prohibition  against  tlie  obstruction  of  navigable  waters; 
the  rule  that  the  rights  of  the  State  In  such  waters  are  sovereign  and  not 
proprietary,  that  tliey  are  held  by  tl»e  public  ns  highways  and  can  not  be 
alienable;  the  possible  effect  upon  the  riglits  of  riparian  proprietors  in  the 
Province  of  Ontario ;  the  fact  that  the  doctrine  of  the  appropriation  of  waters, 
adopte<l  In  some  of  tlie  Western  States,  does  not  prevail  in  Minnesota,  and  is 
not  recognized  by  the  conventional  law  of  nations;  the  treaty  relations  between 
the  United  States  and  CJreat  Britain  with  reference  to  the  boundary  waters 
between  the  United  States  and  Canada ;  and  that  the  talcing  of  the  waters 
would  Interfere  with  streams  and  lakes  which  are  already  devoted  to  public 
uses,  which  can  only  be  done  tinder  express  statutory  authority. 

The  court  held  that  the  applicant  was  not  authorized  to  condemn 
the  interests  sought  to  be  condemned. 

The  company,  assuming  that  the  adverse  decision  of  the  supreme 
court  was  based  upon  the  ground  that  its  petition  included  private 
as  well  as  public  uses,  filed  another  petition  making  the  purposes  for 
which  condemnation  was  sought  wholly  public,  and  began  new  con- 
demnation proceedings.  This  case  came  before  the  Supreme  Court  of 
Minnestjta  in  1907,  and  again  the  court  denied  the  company's  peti- 
tion. 

In  1913  a  third  attempt  was  made  on  behalf  of  the  Minnesota  Canal 
and  Power  Company  to  secure  legal  authorization  of  its  project. 
Judgment  was  given  against  the  petitioner  in  the  district  court,  and 
the  judgment  was  confirmed  the  following  year  by  the  Supreme  Court 
of  Mimiesota.  In  the  opinion  attached  to  his  judgment  Judge  Cant 
of  the  district  court  said : 

Under  the  Webster-Ashburton  treaty  of  1842,  the  water  communications  along 
the  boundary  line  from  Lake  Superior  to  the  Lake  of  the  Woods  are  specifically 
mentioned  and  specific  rights  in  reference  thereto  are  guaranteed.  So  long  as 
that  treaty  remains  in  force  "  any  diversion  of  these  waters  by  means  of  dams 
jind   reservoirs   constructed   within  American  territory   which  would  deprive 


FINAL  KEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSIOIT.      238 

ritizvDs  of  botli  <ruuntri<!>>  of  ttic  coiuinon  UiM>  of  tlio  b«iuiMLiry  waters  woald 
violate  this  provision  of  the  treaty." '  So  loug  as  that  treat>-  reasalns  ia  Coroe. 
it  is  bindin;;  upon  courts,  legislatures,  executive  officers,  and  priTate  rltlwMH 
It  may  t>e  abrogated  by  mutual  consent  or  by  inconsistent  action  oonstftntliiK  a 
breach  thereof  on  the  part  of  either  of  the  Governments  affe^Hed  thersbjr.  The 
intent  to  terminate  a  treaty  l)y  willful  violation  of  its  terms  on  the  part  ef 
either  Government  will  not  be  presumed.  Such  a  oooduskia  will  ooC  be 
hastily  reached  if  any  other  reasonable  view  consistent  with  national  cood  faith 
may  be  taken. 

It  had  been  urged  on  behalf  of  the  company  that  the  Webrter- 
Ashburton  treaty  had  been  modified  or  superseded  in  two  ways: 
by  congressional  action  and  by  the  treaty  of  January  11,  1909,  com- 
monly known  as  the  waterways  treaty.  As  to  the  act  of  Congrew 
mainly  relied  on,  the  act  of  March  3,  1899,  requiring  the  consent  of 
the  Secretary  of  War,  on  the  approval  of  the  Chief  of  Engineers,  to 
the  construction  of  public  works  in  any  navigable  waterway  within 
the  United  States,  the  Supreme  Court  of  Minnesota  had  held  in  the 
Pratt  case  that  this  act  of  Congress  was  in  no  way  inooninfltent  with 
the  treaty.  Judge  Cant's  conclusion  is  that  the  Webster- Ashbtirton 
treaty  "  has  not  been  modified  by  any  congressional  action." 

As  to  the  treaty  of  January  11.  1909,  Judge  Cantos  opinion  is  that 
its  effect  is  "to  leave  the  waters  hen*  involved  subject  to  the  prori- 
sions  of  the  earlier  treaty  of  1842."    He  says: 

The  treaty  of  January  11,  lOOU,  applies  to  a  great  numh«>r  of  lakes  and  rtrrr* 
nil  niong  the  boundary  lino  from  tho  Rlwrs  8t  Omix  and  ftt.  Joka  em  the  east 
to  the  watt-TH  of  I'uget  Sound  on  tlie  west  Tbe  rlvpte  trvmt  sad  fscress  ihi* 
boundary  line  in  mnnjr  placsa.  Thar*  wars  dlapotss  wlUi  nimnam  to  aMqr  sf 
th«>t>e  waterways,  and  dovbclaas  with  rafkrMies  to  wmnf  mrma 
wuterwajra,  aa  well  those  crossing  tbs  booadarjr  as  thoas  toralng  a  part 
It  was  neceesary  that  a  better  nnderatandlag  ks  kad.  taaa  of  Vim  watsrs 
iilreiidy  the  sabject  of  spertflc  treaty  prorMsM.  OtiMve  itoakHaa 
ThoM4>  covered  by  treaty  were  In  a  spsdal  and  Haltod  dan  kr 
As  already  Indicated,  thoss  hsre  In  qnsstloQ  wore  sokJaeC  to  Uw 
visions  of  the  treaty  of  1842.  ArUrle  II  of  the  treaty  of  19(9 
serving  t4>  the  reepectlvc  Uovemroents  "  the  asdnalTe  JorladlrtkNi  ai 
over  the  use  and  di\'endoo,  wketlMr  temporary  or  pmwtmmt,  of  al 
Its  own  side  of  the  line  whlck  la  tMr  natnral  ckaaaali  woii 
iMiundary  or  Into  iMiundary  waters.**  hot  "sohjrrt  to  aay  tnatf 
exlHttug  with  referencv  thereto.**  8o  far  aa  the  treaty  of  ItOt  li  eMMffWd.  ti» 
vttfH't  of  the  proTlaloa  last  qvoted  moat  be  to  leave  Uw  watars 
Mtibjert  to  the  proTlalMM  of  tbe  eerller  treaty  of  ISO.  Aitkie  HI  of  tte 
treaty  of  1900  conflrms  this  Tiew.  Tke  treaty  of  Utt  li  OMfetae  aaelNftoll 
<>ltlHT  by  congressional  action  or  by  any  aobseqosoc  treaty. 

Discussing  the  validity  of  tlie  permit  granted  by  the  SMfttety  of 
War,  May  19,  1910,  for  the  propooed  diversion  front  Bireh  Ltkii 
.Fudge  Cant  points  out  that  it  was  not  the  tntantioo  of  OtNigrMi 
either  to  violate  the  Webitter-.VHhburton  treaty  or  to  AUtboriM  mj 


•Fmn  ca«i^  let  maa.  •..  p» 


234       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

such  violation  on  the  part  of  the  Secretary  of  War.  He  takes  the 
view  that  while  supervisory  authority  is  properly  vested  in  the  Chief 
of  Engineers  and  the  Secretary  of  War  with  respect  to  certain  im- 
provements in  connection  with  waterways  all  over  the  countrj',  that 
authority  may  be  much  restricted  in  the  case  of  waterways  subject 
to  treaty  provisions.  In  such  cases  they  might  properly  deal  with 
the  height  of  a  bridge  or  the  length  of  a  pier,  or  even  with  trifling 
incidental  diversions  of  water,  but — 

where  at  the  outset  we  are  face  to  face  with  the  doing  of  that  wliich  a  treaty 
plainly  forbids,  such  as  the  diversion  of  water  on  a  large  scale,  It  is  necessary 
to  halt.  Leaving  out  of  mind  tlie  qualifying  effect  of  the  treaties  upon  the 
congressional  acts  In  question,  the  diversion  of  water  in  any  substantial 
quantities  from  one  watershed  to  another  is  nn  important  and  far-reachinp: 
undertaking.  The  authority  therefore  should  be  clear.  It  is  reasonably  certain 
that  the  congressional  acts  in  question  contemplated  notldng  of  this  kind. 

Judge  Cant  also  discusses  the  question  as  to  whether  or  not  the 
proposed  diversion  from  Birch  Lake  of  a  quantity  of  water  neces- 
sary to  the  successful  prosecution  of  the  petitioner's  enterprise  would 
substantially  interfere  with  the  navigability  or  with  the  navigable 
capacity  of  the  waterways  in  question.  He  emphasized  the  fact 
that  the  present  public  uses  to  which  the  waters  in  question  are  put 
do  not  constitute  the  real  test  of  the  situation. 

What  future  use  or  future  necessities  should  reasonably  be  anticipated? 
The  adjacent  territory  will  develop  along  many  lines,  some  of  which  we  can 
foresee  and  many  of  which  doubtless  we  can  not.  Is  it  not  likely  that  nmcli 
or  all  of  the  water  which  can  l»e  reservoired  will  in  the  not  distant  future  he 
required  for  the  navigation  of  the  waterways  along  which  such  waters  would 
naturally  flow?  Judging  from  the  evidence  it  is  not  unlikely  that  before  long 
the  lack  of  .sufficient  water  will  be  keenly  felt  at  various  points  along  such 
waterways.    If  so,  the  general  public  will  suffer. 

Judge  Cant's  conclusions  are  as  follows: 

1.  That  as  respects  the  waters  in  question,  the  Webster-Ashburton  treaty  of 
1842  is  still  in  force. 

2.  That  such  treaty  prohibits  the  divei-sion  of  waters  proposed  by  the  pe- 
titioner. 

3.  That  the  permit  granted  by  the  Secretarj-  of  War  for  the  diversion  pro- 
posed was  not  authorized  by  law  and  is  void. 

4.  That  the  successful  prosecution  of  petitioner's  enterprise  would  require 
the  diversion  of  such  a  quantity  of  water  as  would  substantially  interfere  with 
the  present  and  future  navigability  and  navigable  capacity  of  the  waterways 
in  question.* 

1 148  N.  W.  R.,  p.  561. 


IT, ATE  5:i. 


SAND  BEACHES,  NORTH  SHORE. 


pabt  rv. 

APPEiJDIX. 

HXMOBANDUM  BE  SHIPPING  OR  THK  L^KX  OP  THX  WOOD*. 

Year  1872. — First  steam  tug  oiv^rnted  on  the  lake  rnnnlDg  firom  Fort  Vmrncm 
to  Northwest  Angle  towing  York  boats.  Estimated  tonnage  of  tng  not  knovm. 
but  8tate<l  to  be  of  small  size,  with  a  draft  of  from  3  to  3^  feet.  Boat  ovBcd 
and  operated  by  Canadian  Government. 

Year  187S. — Operation  of  second  Qovemment  tug  of  mum  alae  M  first  and 
engaged  in  same  work.    Construction  of  third  QoTemment  hotkU  a  alde-f 
known  as  Lady  of  the  Lake;  draft,  5  feet;  tonnage.  150;  running 
I'^rances  to  Northwest  Angle. 

Yeara  1876-77.— Regular  traffic  by  steamboat  to  Portage  Bay  (K€ 
Keewatin). 
Year  1818. — Construction  of  Speedtcell.    First  private  owned  boat 
on  the  lake.     Draft.  4  feet ;  tonnage,  about  20.     Ilunning  from  Fact 
Itat  Portage  and  Northwest  Angle,  engaged  In  passenger  and  frtJglH 
Wrecked  on  Wileys  Reef  in  1882. 

Year  1879  or  1880.— LUy  of  the  We$t.  Oovamincat  boat  of  •eraw-propeller 
type,  portaged  from  Narokan  Lake  and  engaced  In  carrying  ■■jpllaa  (hMn  lUi 
Portage  to  Ash  Rapids  and  Rig  Stone  Bay.    Draft,  4  fwt ;  toonagik  15  or  ta 

Y'ear  i879.— flteamer  .V.  Mo9k«r.  Oonatrocted  and  ouimh]  by  Oapt.  Boapar. 
Running  on  same  route  aa  fiyeotfiooU.  Draft,  5^  flMt ;  tonnaga.  SS.  I^mM  la 
paaaenger  an<l  freight  traHle.    Wraekad  aboat  IMS  at  moatli  oC  Bai^r  Mw. 

70or  1880.— LUlu  MoAmley,  a  slda-whaalar :  draft.  T  lo  •  •»!:  MMgi^  ItL 
Engaged  In  towing  logs  from  Tartoos  polnta  anmod  tiM  laka  MadilMry  Cm** 
ferrad  firom  itaamar  Lo^v  of  the  Lakt,  RananiMl  in  18M  ITery  Mmtrk. 
Ohangad  In  1880  to  oeraw  propel  irr. 

Year  1881.— MeiM  Fom  towboat  of  ft-font  draft :  laoMp^  SOl 

Faor  /88t.— Ooostmetloo  of  feowboat  O.  U  iltker.  Draft  •  fbst :  iMMMSic 
106.  Scrapped  In  1004.  Amtte  Mme,  tug  and  Avrryboat.  Bat  ^arta■•  and  Wm- 
watia    Draft,  4  feet ;  tonnagi^  aboat  S&.    Scrapped  aboat  MOQi 

70M'i889.--Coac*loMa#,  towboat:  draft •*  to 7  flMtMoaaagmMi^  «rr«|ip^ 
1807.  Flael40<af,  angagad  la  paaaaagar  traAr  beraraao  Vart  Fvaaraa  and 
Rat  Portage.  Draft  0  fiaC:  toaaagi^  4tk.  Uaad  aboat  tbiaa  or  temt  yvank 
Towboat  Atgomn;  draft  7  f»ot ;  toaaafa.  OOl  Bcragpad  mam  yaar  aa 
CoaoMoMag.  Towboat  Hmpreu;  draft,  7  fbal: 
flmt  AN  a  private  boat  and  later  aa  a  lowboat    Draft  0 

)'fytr  iMe.—Kmtne,  engaged  aa  a  paaaaa^ir  beat  and  lalor  aa  a  Ovfry 
Unt  I'orinsv  ami  Keewatin.    Draft  0  IbaC:  taaaagi^  41 

Ymr  iHin.—HipMmt4  MaM,  tivafod  la  paaMWtr  tiaAr.  Fart  FvaaeM  la  Bal 
Portage.    Draft  0|  faet :  toaaagi^  loa    Wrerbad  at  Baall  BipMi  la  ItM. 

Tmr  lOM.— Tnwtmat  KertrmHm:  dm  ft  %  tvmi  A  InrbM:  laaaa>i.  41.  tW> 
■Croyad  by  Ore  about  1900. 

Tmr  1889. — Shmmrock.  paiMi<«un«r  Uoti.  running  rrom  Fort  Ftaarew  Iv  Rat 
Portagr.    I>rnft.  A  t*n>t ;  titnnagr.  nbitui  NO.    SUM  llTinc.    |}a4i|r  Meafw. 
4n  fishing  induMiry.    f^mfi.  n  n^i :  tunnaga.  80k 


236       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 


Tear  189S.—Minitonka,  fish  boat,  constructed  at  Big  Fork.  Draft,  8  feet: 
tonnage,  68.  Sunk  In  Rainy  River  In  1904.  Monarch,  side-wheeler,  engape<l  In 
passenger  traffic.  Draft,  7  feet;  tonnage,  167.  Wrecked  in  Sault  Rapid.s  In 
1895;  salvaged  by  Rat  Portage  Lumber  Co.  and  used  as  a  towboat  until  1907, 
when  It  was  scrapped. 

Year  1895. — Stcallotc,  stern-wheeler,  engaged  In  passenger  traffic,  Kenora  to 
Fort  Frances.  Draft,  4i  feet ;  tonnage,  about  128.  Wrecked,  1896,  on  Big 
Traverse.  Edna  Brydges,  passenger  boat.  Draft,  6  feet;  tonnage,  176.  Dis- 
mantled In  1904  and  now  running  as  Fore$t  B. 

Year  1896. — Van  Horn,  passenger  boat.  Draft,  5  feet;  tonnage,  60.  Port- 
aged to  Rainy  I^ke  In  1898. 

Year  1896-97.— Maple  Leaf,  passenger  boat.    Portaged  to  Rainy  Lake. 

Year  1897. — Steamer  Kenora.    Running  from  Kenora  to  Fort  Frances. 

Year  1900.—Albcrtan,  pas.senger  and  freight  boat,  portaged  from  Rainy  Lake. 
Draft,  4i  feet ;  tonnage,  25.  Portaged  back  to  Rainy  Lake  in  1902.  Agtvindc, 
passenger  boat  on  Rainy  River.  Draft,  2  feet  6  inches ;  tonnage,  307.  Undine, 
passenger  boat    Draft,  3  feet ;  tonnage,  10. 

Note. — Other  than  the  above  there  were  numerous  boats  engaged  in  towing 
and  passenger  traffic.  These  boats  varied  in  size  and  draft.  The  names  of  a 
number  of  them  are  given  herewith : 


Ethel  Banning  (towboat). 
Mikado  (mining,  draft  4  feet). 
S<iuaw  (mining). 
Nora  (passenger  tug). 
tiultuna  (mining). 
Ilegina   (mining). 
Rambler  (passenger  tug). 
Cruifier  (tug). 
Cairo  (tug). 

Enterprite  (tug,  tonnage  10). 
Phantom  (tug,  tonnage  10). 
Chieftain  ( fish  and  passenger  tug,  ton- 
nage 10). 


Thistle  (passenger  and  fish  tug). 

Lottie  8. 

Scud. 

Frank  Marnhnll  (fish  boat). 

Standard  (fish  boat). 

Rover  (fish  boat). 

Eagle. 

Erin. 

Margaret  Quick. 

Day  Star. 


Data   relating   to   flahino   iitduxtiy,   Lake   of   the   Woods. 
[rumlshed  by  Mr.  Paul  Marscbalk.] 


Year. 

Net  weight 
offljshand 
caviar,  total 
United  States 
shipments. 

Net  weight 
of  caviar. 

Net  weight 

of  rough 

flah.i 

Total  value, 
price  re- 
ceived by 
flflhermen. 

1905 

Pound*. 

> 600, 000 

«  700, 000 

«  1,000,000 

«  1,000,000 

'1,100,000 

1,110,000 

1,126,000 

1,546,861 

Pound*, 

Pound*. 

1906 

1907 

igog 

1909 

729 
724 
982 
1,124 
387 
253 

120,986 

225,940 

15,360 

167,922 

$42,000.00 
47,000.00 

1910 

19U 

64,558.00 

1912 

69,566.00 

1913 

1  151.697 

63,038.53 
48,716.95 

1914             .        .              1.123.752 

1  Gross  weight  equals  doable  net  weight. 
*  Estimated  weights. 


These  figures  do  not  include  catch  of  Canadian   fishermen   operating  out 
of  Kenora. 


FINAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  OOMMIS6IOX.      237 

Fish  produced  by  Canadian  Juhemun  operating  out  of  Kenan,  OnlviD,  Avaif  MWMi  9f 

1914. 

(OlTeo  by  Captftla  Johaaon.] 

Whitefiflh .  7«S.0S4 

Yellow  pike  or  pike  perch .  606,060 

Pickerel  or  jackfiah . .  373, Qtt 

Trout  (Uke) ...:. ..    17,396 

Sturgeon .    31,686 

Tullibee ..  la^Ott 

Suckers 80^  Mt 

Carp  or  Buffalo 130^  730 

Goldeyee 7, 000 

Skinned  bullheads 64, 900 

Price  received  for  above  by  fiahermen,  384,675. 

Fith  produced  by  Canadian  fithermen  operating  mmth  cf  Onmd  Pettintula  m  1914, 
including  Bigsby  Itlandjithery. 

Whitefish lf.C14 

Yellow  pike w'.U.J 903. 4M 

Pickerel ; 908C0n 

Sturgeon >::. 4,  Ml 

Buffalo .    il.lM 

Suckers ..    SlLMi 

Goldeyet .    9l^89t 

Trout TOJ 

TulUbee ....;.Jw..i4iw. .  SW 

Skinned  bullheads 3>.74t 

Price  received  for  above  Bah  by  fUtmkm^ili$,mM. 

Capital  invetted  and  men  empletifvd  in  fUthtng  indmHtf,  IMt*  af  th*  Wmtda. 

|Dat»tafBMM«  tqr  Mr.  FmU  iiiniliitt.| 


b««« 


btrof  '  l.«4. 


Moath  oTIUlBy, 

umI  Zlpfwl 

ZIpMl,  wm.  Zlppsl 


L.NMnUl«. 

~   '     '    lulaiid.C.Spna^ 


Ulud.. 


ItntfiMd,  AmMUong  Tradtaf 
IMtf. 


4 

.t 

tt' 


xm 


Km 

!9 


238       FINAL  EEPOET  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

Canadian  flihermen  operating  out  of  Kenora,  Ontario,  investment. 
[GtTen  by  Captain  A.  Johnson,  of  Kenora.] 

Boats,  land,  tools,  nets: 

T.   Gustafson $10, 000 

William  Andrews 5. 000 

Eric  Holmstrom 9, 000 

August  Holmstrom 6, 000 

Olaf  Schens 6, 000 

Thomas  H.  Johnson 4,000 

Magnus  Lynardson 5,000 

Charles  Frier 3,  000 

S.  Magnussen 2,  500 

George  Moorhus 4, 00<) 

Arthur  Johnson 2, 000 

Emlel  Johnson 2,  000 

Armstrong  Trading  Co 30,000 

Investment  of  Canadian  fUhermen  operating  south  of  the  Grand  Peninsula  and 
shipping  their  fish  to  Warroad,  Minn.,  or  Raiyij/  River,  Ontario. 

J.  A.  Budreau,  boats,  lands,  tools,  nets $15,000 

W.  A.  Boucha,  boats,  lands,  tools,  nets $6,  OCX) 

John  Boucha,  boats,  lauds,  tools,  nets $4,  000 

Bigsby  Island,  fishery,  Armstrong  Trading  Co $12, 950 

I^omlnion  Government  hatchery  at  Kenora,  Ontario: 

Cost  of  buildings  and  grounds $48,  000 

Capacity  of  hatchery 90,000,000 

Whiteflsh   hatched   during   past   winter    (hatchery   filled   this 

spring  with  pike-perch  spawn) 70,000,000 

Wages  paid  to  fishermen  operating  out  of  Kenora,  about $21,  000 

Wages  paid  to  Canadian  fishermen  operating  south  of  the  Grand 
Peninsula,  including  Bigsby  Island,  about $12, 000 


Plate  M. 


INDIAN   CAMP   ON   NORTHWEST   ANGLE. 


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240       FINAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

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242       FINAL  REPORT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

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246      FIKAL  BEPOBT  OF  THE  INTERNATIONAL  JOINT  COMMISSION. 

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INDEX. 


Acknowledgments,  13. 

Adams,  John,  133. 

Administering  proposed  regulation,  70. 

Agassiz,  Lake,  area  of,  114. 

Agriculture,  159-166. 

Aitkin,  W.  A.,  127,  128. 

Alberton  Falls,  216,  223. 

Alway,  E.  J.,  146. 

American  Fur  Ck)mpany,  125,  126,  127,  128,  129.  131,  141. 

American  Point,  121, 

Anderson,  Etiward,  scope  of  reference,  104,  108. 

Anderson,  S.,  138,  139. 

Annual  fluctuations  in  level,  49. 

Antimony,  179. 

Appendix,  235-288. 

Arguments,  13. 

Armstrong  Fish  Company,  188. 

Amesen,  E.  A.,  143. 

Arnesen,  148,  144 ;  Improvements,  203. 

Artesian  wells,  115. 

Ash  Ilaplds,  156,  167.  lOS. 

Ash  River,  188. 

A»wlnlb«)ln.  157.  211. 

Astor.  .1.  J.,  125.  129. 

Altokan,  hciiuitlte  ore,  179. 

Atlns,  13. 

Aulneau.  J.  P.,  121. 

Ayl«sworth,  145. 

Back.  George.  161. 

Bacon,  Robert,  r«  flooding  on  south  shore,  90l 

Ballantyne,  R  II,  200. 

Bam  11  y.  Thomaa,  186. 

Barnard.  E.  O..  140. 

Barwlck,  140. 

Baawood  Uke.  112.  188.  219.  222.  22T. 

Bandette.  144,  171. 

Baanhnrnols,  Mnrquls  do.  160. 

BHoi\.  Michel.  110.  VA). 

Ball.  UolN>rt,  \m\  on  gold  mining.  171 

Baltriiinl  Cniinly,  land  vnlu«>M.  162.  168:  UoibW.  IMl 

Bamldji.  ino. 

Riff  Forks.  141.  145. 

nig  Forks  Hiver.  102. 

Rig  Island,  181. 

Rig  Stone  Ray,  190;  lold  mloaa,  171 


250  INDEX. 

Blgsby,  J.  J.,  129,  130. 

Blgsby  Island,  116. 

Bibliography,  239-247. 

Birch  bark  canoes,  191,  194. 

Birch  Lake,  221,  222,  223,  225. 

Birch  Lake  diversion,  22,  77 ;  history  of,  2^-25,  221-234. 

Birch  Lake  reservoir,  221. 

Birch  River,  221. 

Blrchdale,  144. 

Bloe,  Archibald,  131.  142,  194,  196. 

Border,  144.  . 

Bouchervllle,  145. 

Bougainville,  L.  A.,  121. 

Boundary  commission  of  1732,  138. 

Boundary  question,  133-140. 

Boyd,  George,  127. 

Buffalo  Bay,  129. 

Barley  gold  mine,  175. 

Burntslde  State  Forest,  169. 

Burpee,  Lawrence  J.,  122,  159,  192. 

Butler,  W.  F.,  117,  183,  194,  204,  206. 

Cameron,  E.  R.,  138. 

Campbell,  Archibald,  138. 

Campbell,  Isaac,  scope  of  reference,  104,  106. 

Campbell.  R.  H.,  169,  172. 

Canadian  Northern  Railway,  142,  144,  149,  202. 

Canadian  Pacific  Railway,  142,  149,  198-199,  207. 

Canal  projects,  197-20L 

Canoe  routes,  191-193. 

Canoes,  190-191. 

Cant,  Judge,  232-234. 

Carver,  Jonathan,  122,  181. 

Caviar,  yield  of,  185. 

Central,  144. 

Challies,  J.  B.,  on  power  question,  209,  210. 

Chaudiere  Falls,  137,  216. 

Chllds,  J.  A.,  152. 

Chippewa,  159,  160,  180,  181,  182,  19L 

Cholseul,  Due  de,  135. 

Chute  de  la  Chaudi^re,  123. 

Clearing  land,  145. 

Clearwater  Bay,  111 ;  gold  mining  on,  174. 

Clearwater  Lake,  131. 

Clementson,  Helec,  143. 

Clementson,  144. 

Clementson  Mill,  170. 

Cobalt,  179. 

Cocking,  Matthew,  194. 

Concord,  144. 

Consulting  engineers,  appointment  of,  12. 

Controlling  works  proposed,  33,  64. 

Cook  County,  land  values,  162 ;  timber,  169. 

Copper  mining,  178. 

Coste,  Eugene,  on  gold  mining,  174. 


INDEX.  $$l 

Ckwtfi,  Louis.  228. 
Cones,  Elliott,  140. 
County  ditches,  147. 
Cox.  n.  O.,  on  flsbeites,  18S. 
Crandall,  on  treaties,  96. 
Crane  Lake,  14. 
Cree  Indians,  180. 
Crlstlnaux  Indians,  119. 
Crist  Indians,  110. 
Crofton,  J.  F.,  197. 
Crooked  Lake,  112,  222. 
Crooks,  Ramsay,  125,  128,  127,  128. 
Currle,  D.  H.,  on  tourist  traffic,  207. 
Currle,  B.  H.,  143. 
Curry,  Thomas,  128. 
Dakotah  Indians,  159. 

Dalles,  the,  proposed  channel  enlargemrats,  04. 
Darlln^on  Bay,  215,  216. 
Datum,  note  re,  9. 
Davenport,  It,  on  lake  levels,  21. 
Dawson,  George  M.,  116.  117. 
Dawson,  S.  J.,  198,  197,  206.  206. 
Dawson  Road,  140,  188,  195. 

Deacon,  T.  R.,  on  Hummer  raaort  lotisrsslB,  44;  oo  DonnU  or  aacvrsl.  SC 
Dependable  outtlHw,  85,  86^  flB,  60-6T. 
Derby,  O.  McC..  on  Norman  dam,  iO-tA,  S2T. 
Ditch  roads,  148. 

Ditch  system  affsctsd  bj  Itrtlai  62. 
Dlvsrsloiis  from  watanhsd.  ML  70-71,  77-llL  ttl- 
Dog  Laka^  1S8. 
Dof  RlTW.  198. 
Dralnaflt  ajTSCam.  140-149. 
Drawry,  Oaorga,  or  nonaal  or  natural,  04. 
Dry  Portafs.  U7. 

Dn  BoonaC  rails  powar  alia.  SlOt  211 
DnlOth,  194.  IfiO.  219.  2901  221.  222. 
Dolnth.  Ralnjr  Lato  awl  Wlnnl|Mv  Itallwajr.  lOa 
■aflaa  Nsat,  18L 
XOdooaa,  Hi. 

Ootlac  10:  powar  rtti^  9A 
■wiU  road  law.  148. 
■ndNuraaa  Rlvar.  22L 
■nbarraaa  Rlvar  csmI.  tIL 
Kmlnant  doouOn.  powar  of,  91,  9k 

■B0.14& 

■nglar  Lambar  Oompaiiy.  170. 
■■81Kb  Rltar.  181, 198.  814. 
H^^f^^  18L 

■VMllilBS  ovtflow.  H  68.  Oa 
o(  buka.  ei-88. 

&  W.,  on  Oabarlam  1881  Ml 
■sploratlOQ.  ll»-m.  181-181 
raleoo  Mud  ■aoMlle  aud.  178L 
rallLaka^m 


252  INDEX. 

Farm  Lake,  222. 

Farquhar.  Maj.,  139.  ,,  , 

Federal  Forest  Service,  171,  ,'> 

FInlay,  James,  123, 

F'inlayson,  Chief  Factor,  128. 

Fire  prevention,  171,  172. 

Fish  hatchery,  188, 

Fisheries,  180-188. 

Fishing  interests,  levels  desirable,  45 ;  statistics  of  industry,  236. 

Fleming,  Sandford,  144. 

Flexible  minimum  level,  51,  71. 

Flood  reserve,  68-69. 

Flooded  lands,  areas  of,  30. 

Fluctuation  In  lake  levels,  22. 

Foley  gold  mine,  175. 

Fond  du  Lac,  124,  125,  127,  128. 

Forrest,  Col.,  138. 

Fort  Alexander,  131. 

Fort  Douglas,  129. 

Fort  Frances,  124,  129,  131,  141,  142,  144,  149,  173,  183,  195,  209,  216,  217,  218, 

219,  222. 
Fort  Frances  Pulp  and  Paper  Company,  218. 
Fort  Garry,  157,  211. 
Fort  La  Iteine,  122. 
Fort  of  Lake  La  Pluie,  123, 
Fort  St.  Charles,  120,  121.  122.  123,  142,  169. 
Fort  St.  Pierre.  120,  122,  123.  141. 
Fort  William,  119,  126,  127,  192, 
Fountain,  Paul,  204. 
Fowler,  S.  H.,  216,  217. 
Fox  farming,  208, 
Fox  Indians,  159. 
Franchfire,  Gabriel,  161. 
Franklin,  Benjamin,  133. 
Fraser.  J.  W.,  199. 
French  Portage,  117, 
Frequency  curves,  29,  50.  51. 
Frobisher,  Benjamin.  122. 
Froblsher,  Joseph,  122, 
Frontier,  144. 

Fur  trade.  122-131,  190-194, 
Gabbro  Lake,  221, 
Galena,  179. 
Gallatin,  Albert.  136. 
Garden  Lake,  221.  222. 
Gardner,  Frank,  141. 
Gibbons,  George  C,  229. 
Gold  mining.  174-177. 
Golden  Reef  gold  mine,  175. 
Golden  Star,  175,  176. 
Goulburn,  Henry,  136. 
Grand  Du  Bonnet  Falls,  212. 
Grand  FaUs,  216. 


Grand  Fork  River,  128. 

Grand  Portage.  123,  126.  127.  187.  192.  224.  229. 

Grand  Portage  route.  191.  108. 

Grant.  George  M.,  132,  195. 

Grant.  Peter.  124.  160.  181.  190.  20a 

Grassy  Portage.  117. 

Grassy  River  settlement.  142,  143. 

Great  Northern  Railway.  144.  ISO. 

Greater  Winnipeg  Water  District  project,  4l^-¥i.  lM-]fl& 

Greenhow,  Robert,  135. 

Gunflint  Lake.  112.  114;  mineral  deposits.  174. 

Hammond  gold  mine.  175. 

Harbors,  effect  of  low  levels.  48. 

Harcourt,  F.  Y.,  208. 

Harmon.  D.  W..  160,  182. 

Hartley.  David,  183. 

Hnwkesbury,  Jyord,  134 

Hay  Island  gold  mine,  175. 

Hebes  Falls.  131. 

Hendry,  Anthony,  194. 

Henry,  Alexander,  123,  124.  160.  167.  181,  20L 

Henry.  Alexander,  the  younger,  117.  124.  182. 

Hind,  H.  Y..  130. 

History  of  the  regioD.  119-182. 

Holdahl.  a.  T..  168. 

ir       .       II'  ;■:    '•.": 

1  124.  US.  laa.  1ST.  i«  lA  in.  143. !»«.  in.  SMI  sn. 

Iluiixry  Hull,  131.  141,  195. 

Iliiiiteni  iNlaiid  inm  orf.  179. 

IIiiyHhe.  ('.  I...  101. 

IIIUNtrHtlonN.  Ilftt  of,  7. 

Imnie<liate  InternntlunsI  RUpnrvMMb  TIL 

Indian  Bay.  ISO. 

Indians,  flshcrlM,  181.  ItBt  dntMtsr.  SOS;  lipnd^  SH 

InduN,  144. 

Internationnl  bnumlary,  rf>ui»  of.  122:  history  td,  IM«IMl 

Intcrnalioniil  Fnllm  138.  141,  144.  IflOi  lIlL  SSk  SIC  Sia 

Internntloiiiii  Falls  Luntbrr  (^unpanjr.  ITQl 

Int«>rnntlniinl  Plshtrlti  OWlMlnB.  IM-IM. 

Intcrnntiiinni  Joint  €kmmlmkm, 9LWkM»  WKk  W. 

Iniernnlloniil    mtffm^ktkm    MMl    eoMrol.    PttHMMMlMl    If-IR: 

wnterehiNl.  79-tt. 
InternnltiMinl  Wntvrways  CNHnmlsslaa.  IMl  HIl  ML  Ml  SA  SH 
Intr<Mhi(*tlon.  11. 
Iron  I  .ski*.  228. 
Iron  luiulng.  178-17Qi 
iMMto  rtwrrolr.  SSI. 
Itasca  Coantr.  tlmbsr.  MBl 
Jsy.  John.  188. 
Jay  Trsaty.  ITM.  184. 
jMloi.  A.  B,.  lOB. 

Johnson.  Arthur,  nn  IbOiins  lni<>mila  40^  W4  IM. 
Johnston.  John,  MB. 
Johnston,  J.  T^  Sll. 


254  INDEX. 

Johnston,  W.  A..  114,  142. 
Judicial  ditches,  147. 
Kabetogama  Lake,  14;  fisheries,  184,  188. 
Kahkahkeewitchewan,  215. 
KntnlnlHtikwla  River,  119. 
Kamlnlstlkwia  route,  191,  192,  193. 
Kane,  Paul,  161,  183,  194. 
Kashabowl,  178. 
Kawishiwi  reservoir,  221. 
Kawishiwi  River  Power  Company,  219. 
Kawishiwi  River,  power  site,  219. 
Keating,  W.  H.,  117,  128,  130,  161,  167,  183. 
Keefer,  P.  H.,  scope  of  reference,  104. 

Keewatin,  131,  141,  142,  144,  203,  215 ;  gold  reduction  plant,  176. 
Keewatln  channel,  131. 
Keewatin  Lumber  C!ompuny,  170,  171. 
Keewatln  Lumber  and  Manufacturing  Ck)mpany,  216,  216. 
Keewatin  Lumber  and  Milling  (Company,  213. 
Keewatin  Power  Company,  131,  215. 
Kendall,  B.  F.,  171. 

Kenora,  142,  143-144,  149,  203,  215.    Bee  Rat  Portage. 
Kenora  Board  of  Trade,  206, 
Kenora  power  plant,  19. 
Kernaghan,  William,  197. 
Kettle  Falls,  at  Fort  Frances,  216. 
Kettle  Falls  dams,  112,  219. 
Kildonan,  157. 
King,  Rufus,  134. 
King,  W.  F.,  140. 

King-Hawkesbury  convention,  134,  135. 
Knife  Lake,  112. 
Koochiching,  144. 
Koochiching  Company,  218. 

Koochiching  county,  149 ;  land  values,  162 ;  timl)er,  169. 
Koochiching  Falls,  216,  223. 
La  Come  de  St  Luc,  F.  L.,  122. 
La  Croix  Lake,  122,  222 ;  fisheries,  184,  188. 
Lac  aux  Isles,  119. 
Lac  des  Bols,  111. 
Lac  des  Chrlsteneaux,  111, 
Lac  des  Isles. 
Lac  des  Mille  Lacs,  198. 
Lac  des  Sioux,  111. 
Lac  du  Bonnet,  131, 
Lac  La  Plule,  111,  122,  123, 
Lac  Plat,  193, 
Lafever,  J.,  197. 
La  France,  Joseph,  167,  180. 
La  Gallssonni&re,  R.  M.  B.  Comte  de,  135. 
Laird,  D,  H,,  scope  of  reference,  104 ;  on  land  values,  165. 
La  Jemeraye,  C,  D.  de,  120,  191,  193. 
Lake  County,  land  values,  162 ;  timber,  169. 

Lake  of  the  Woods,  area  of,  12,  14,  111 ;  surveys,  12 ;  nomenclature,  111 ;  varia- 
tions In  level,  117, 


INDKX.  255 

Luke  of  the  WchhIk  wuteraheU,  12,  14;  charactertstici;  112;  dlmate.  112; 
pbysiugruphy,  113;  geulugy,  113;  surface  formation.  114;  dralnasB  ajatan. 
115;  history  of.  119;  boundary  questlonii,  133;  settlement,  141;  water  anppljr 
nnd  .sanitation,  IRl ;  agriculture,  159;  lumbering.  167;  mining.  174;  tUhmJm, 
180;  navigation,  188;  recreation,  202;  power  development,  200;  diTarahma  B1 

Lake  of  the  Wo(m1s  Milling  Company,  16.  216,  228. 

Luke  of  the  WVkkIs  Technical  Board.  188. 

Land  areas.  30.  31.  (iO-61. 

Tjindby.  A.  M..  145.  164. 

Land  valui's.  ;M)  31,  «».  01.  102-166. 

r>a  Nofle.  Z.  U.  de.  12<).  ISO.  191. 

Laurel,  144. 

Luurenfl,  Henry.  133. 

La  V6rendrye.  FrangolH,  120. 

La  Vferendrye,  J.  B..  120.  121. 

La  Vfrendryp.  V.  (i.  <lo.  T_'0.  12*-'.  15!).  1«T.  ISO   llil.  1fr2   11W. 

La  V6rendr>'e,  Pierre,  120. 

I^tlmer,  H.  B..  on  fiHherles.  183.  184. 

Ijaurentiau  gold  mine,  176. 

Lawson.  A.  C.  115;  on  sllvor  de|NiHit.x.  17>>;  on  nitncrnls,  179. 

Leech  Lake,  124. 

I/etter  of  tranKmittal,  1. 

"  I/evel  of  the  lake  "  construed.  27. 

fy^^vel  reconunendiHl,  27. 

LlcbenR,  116. 

Little  Du  Bonm't  Kalh,  212. 

Little  Grassy  lUver.  116. 

J>lttle  Lake  Wlnnlpeek.  128. 

Little  Vermilion  Ijiko    11 

IxK'ke  Lake,  157. 

I/oman,  144. 

I.ondon  Convention.  Ihik    i:«t; 

r.ong.  Major,  194. 

I^ng  Point.  116. 

Lonk'  Sault  dam.  hl«tury  of.  j:.:  |K»ii«nHnl  i-ui-r  :«».  |s.  •<«•  -.mu  r.f.««  .4i 
190-201. 

l/>ng  Sault  Baplds,  115.  124. 

I^wer  Kalny  watamhed.  14 :  charadtrliftlQi.  14 

lAide,  144. 

Lumbering  Inlarwita,  1«T-178;  lavtls  dtilniMai.  «-«. 

McArthur.  J.  J..  140. 

McDiinnell.  Chlaf  Factor.  128. 

MclHmnell,  John.  128. 

McOllHvray.  W..  12». 

Mc(lulre.  A.  J..  145. 

IfoeKay.  Janaa.  in. 

MadNOil*.  Alaxandar,  lift.  ISB.  mi.  l«r.  Its. 

McKanil*.  Bodarlck.  101.  tm. 

McLalB,  Am  WI. 

MeLom^uiB.  Joi».  124.  ler.  its. 

McBltchlCb  Mftleolai.  148. 
Maadnac.  194. 
Mackinaw  boata,  I**. 
Mn<1lH<>n.  JaUMt.  184. 

lOaiM-lT IT 


256  INDEX. 

MaUoD,  R.,  197. 

Mandans,  150. 

Mauitou,  144. 

Manitou  Rapids,  ll.l,  124. 

Margacb,  179. 

Margry,  Pierre,  119. 

Marschalk,  Paul,  on  (i.shlnp:  lntere<<t«i,  45,  184.  188 

Maaaacre  Island,  122. 

Manon,  L.  F.,  160,  190,  206. 

Mathewjii,  Ah'xtiiuler.  IHO. 

Muttliew«,  W.  W..  120. 

Mean  «>r  urtiiiiiit.v  Uiah  water.  28. 

MeandertMl  siiore  line,  .57-58. 

Meek,  S.  !•:.,  un  flxherieM.  184. 

Mewibl  UauKf.  17S.  21«. 

MichilinuKklnar.  122,  124. 

.Mikado  Kold  mini's.  17.'>.  170. 

.MillerK  Island.  l.'U). 

Minaki,  149. 

.MInaki  ('au)i)erK  AwHK'iation,  207. 

•Mine  Center,  17«. 

.Mining  interests.  174-17J);  transportation  for,  196. 

MInitie  Lake.  111. 

Minnesota  and  International  Ilailway,  150. 

Minnesota  ami  Ontario  Power  Company,  173,  218. 

Minnesota  lioanl  of  Health,  report  on  Warroad  s«'\verage,  46,  l.'il-l.VJ,  l.')4-15r». 

MinneHota  <!anal  and  Power  Company,  198.  222.  22;{,  224,  226,  227.  231,  232. 

Minnesota  I>raina):re  CV>mndssion.  147,  148. 

Minnesota  Forest  Servlee,  171. 

.Minnesota  (lame  and  Fish  CoiuniiMtilon,  184,  188. 

.Minnltiti  Lake.  111. 

•Mispickel.  179. 

MisslKSippi  Uiver,  128. 

Molybdeidte.  179. 

Monk,  G.  H.,  192. 

Monroe,  James.  134. 

Monsoni  Indians,  180. 

Morrison,  William,  12.5,  126,  127. 

Mount  Iron,  178. 

Muskeg,  115. 

Naff,  A.  F..  reiMjrt,  19:  on  n<»rmal  or  natural,  5.3. 

Namakan  I^ke.  14.  112,  182.  102,  195.  219,  222,  227;  tislieries,  184. 

Namakan  Hiver,  127.  222,  225. 

National  Transcontinental  Uaihvay.  149. 

Navigable  waterway  reoonimended,  48. 

Navigation   interests.    190-202;    levels   de-sirable,   42,   43,   44-45:    on    Wiunipcj; 

River,  44 ;  on  Rainy  Iliver,  48 :  importance  to  niining,  179. 
Nelson  River,  112,  222 ;  drainage  system,  112. 
Nipigon,  Lake,  192. 
Nipigon  route,  193. 

"  Normal  or  natural  level,"  interpretation  of,  30,  53-54. 
Norman,  131, 


inDBX.  257 


Norman  daiu.  17,  214;  description  of.  17;  fiovemment  imbaldy.  17: 

17;  effect  of,  17,  20.  21.  22.  1U7.  106;  Oovernineot  magWB^n  r«ciibitlnn  of.  IH: 
object  of,  21 ;  HH  a  controllinic  work.  83.  21.".  •  ««  ^^»-t^  >it<.  <m 

North  Kawlshlwl  lUver  221,  222. 

North  I^ke.  112. 

North  WeHt  Angle.  116.  130.  l.%t.  l.'M.  137.  1»<.  \M.  I-Mi.  142.  IKl.  1M. 

North  West  Angle  Inlet.  120.  121.  ino.  IftT.. 

North  W<wt  (•oni[)any.  121.  123.  124.  12ri.  12».  1»2.  194. 

Northern  Paciflr  UallwHy.  l.'jO. 

Northern  States  Tower  (74tm|Miny.  220. 

N(»yon.  .lawiues  tie.  119.  180.  101.  1»2. 

Oak  Island  flsherieK,  184. 

Olive  gold  mine,  17r».  17«. 

Oliver.  K.  H..  128. 

Ontario  and  .Mlnnes<»ta  I'ower  Company,  100.  218. 

Ontario  Deparruu'nt  of  Public  W<»rkj(.  215. 

Ontario  Hydro  Kb^-trlc  Power  (V>mmlwi|on.  213. 

Ordinary  high  water  mark.  .'»8. 

tNwaUl.  Ulchard.  138. 

Ouchlchiq  River,  119. 

Ouinlplgon  Kiver.  112. 

OuinlpU(ue  HIver.  111. 

Outletx.  oiirly  (■hangi*^  In.   Itt;  dlMcliarge  ca|Miclty  of.  82:  caUirgnMni  yt,  Xt 
63 ;  cost  of.  38. 

Pacliot.  memoir  of,  191. 

Palli!H>r.  .lohn,  117.  180. 

Paquln,  J..  121. 

Parker.  I^awreiice,  143. 

Partridge  I^ike,  sold  on.  174. 

Pntrlrk.  .Mas.>n  .M..  147-148. 

Pent,  lift.  1441. 

Peek.  K.  I\.  on  le%'elii  dwlrnble  for  mivlsalloa,  44.  Sitt. 

Pelland.  141. 

I'hyNlral  conditionH.  MumiiMry  of,  14.  111-llB. 

PigiNin  Uiv.-r.  114.  1ST.  2M. 

Piniiwa  Channel.  |ioww  BlU>.  210.  211. 

Plhf  Fnllii.  poWMT  ■Ito.  211. 

Pine  Portafle  mlM.  ITS. 

nnawood.  14B. 

PIpMtoiMi  Pnlla,  18S.  222. 

PItlier.  it.  J.  K..  131.  141. 

Pltbcr'N  Point.  130.  144. 

Plan  <i/  |>r«>c«durp.  00. 

Point  du  ItolM  FnIIm.  iMiwrr  «iii*.  ^Ui  ilS, 

PokexaiM*  lake,  124. 

t*oi«aplM  eold  Mda.  ITT. 

Porttft  Bajr.  IM^  2111.  21& 

POfftM»<IV  talc  Holii.  117. 

l*orlaat  dM  Rai.  ISO.  ISL 

PortasM.  19»-1M. 

I\irt«.  P.  a.  IM. 

l*olhl«r.  Trmivalni.  131 


268  INDEX. 

Potter,  C.  L.,  on  ccwt  of  dredging  harbors,  43. 

Powassln,  121. 

Power  developinentH,  209-220;  at  Portage  Bay,  16;  on  Rainy  River,  34,  86;  on 

WInnii>eg  River.  34 ;  at  outlets,  46-47. 
I'ower  slteH.  209-210,  217.  219. 
President,  power  of,  94. 

I'revuiliiiK  levels  iinder  natural  condition.s,  6. 
Price,  K.  E.,  on  flslilnn  Interest.H,  45,  187-188. 
Proi>erty  rlgiits,  aequl.siiion  of,  90. 
PUirmltcan  B;iy.  156;  antimony  on    179. 
Pubiic  liearings,   13. 
Pulpwood.  170;  industry,  172-173. 
Quarry  Island,  molybdenite  on,  179. 
Quetico  National  Forest,  169. 
Rainy  Laice,  112,  119,  123,  160;  area,  14;  .storage  <»n,  35,  60;  noniendiiUiie,  11 1  ; 

gold  ndnes,  175;  fisheries,  184. 
Rainy  Lake  House,  123,  124,  141.  160,  181,  182. 
Rainy  River.  111.  119,  142,  149,  162,  180,  216. 
Rainy   River    (town),   145. 

Rainy  River  Improvement  Company,  199,  218.  219. 
Rainy  River  Navigation  Company,  202. 

Italpli,  (.Jeijrge  A.,  surveys  of  south  shore,  19-20;  on  land  values,  10.3,  104;  on 
tourist  interests,  207. 

Ranier,  144. 

Rapid  River,  115,  124.  143,  145. 

Rathbun-Walteham  .folnt  ('ommfsiiion,  188. 

Rat  I'ortage,  129,  130.  131,  132.  137,  141,  142,  143.  144,  195;  gold  mining,  175, 

176;   fisheries,   183.      {See  Kenoni.) 
Rat  Portage  House,  130,  204. 
Rat  Portage  Lumber  Company.  170,  171. 
Recreation,  204-208. 
Red  Lake,  124,  126. 
Red  I..ake  Indian  Reservation,  l42. 
Red  River,  193. 

Red  River  settlement,  128,  108. 
Reed  River,  117. 
Reed  River  route,  193. 
Reference,  text  of.  3;  scope  of.  11.  102;  Interpretation  of  question  one,  26;  of 

question  two,  28 ;  of  question  ilu-ee.  32,  84. 
Reglna  gold  mine,  175,  176. 

Regxdation,  how  to  be  effected,  32;  effect  on  various  Interests,  49. 
Regulation  of  lake  levels  desirable,  26. 
Itiparliin   lands,   levels  desirable,   41;   on   Winnipeg  River,   42;   flowage   rights 

on  Winnipeg  River,  64. 
Riviere  Blanche,  111. 
Rivi6i*e  du  Lac  la  Piuie.  111. 
Rivifire  Maurepas,  111. 
Roads.  148-149. 
Robinson,  F.  J.,  136. 
Rock  wood,  211. 
Rocky  Point.  115,  143. 
Roddick,  145. 

Rollerway  Dam,  17;  Government  subsidy,  17;  removal  of,  18. 
Roseau  County,  land  values,  1G2,  265,  166. 
Roseau  River  route,  19S. 


uiDsx.  259 

Ilossland,  179. 

HuHh,  Hichnrd,  1S6. 

Rush-I^iigot  agreement,  95. 

Suganugu  I^ke,  112. 

St.  Andrews,  211. 

St.  Boniface,  157.  211. 

St  Croix  I^uiubor  uad  MaMufa<lurin«  (Unupuny.  170. 

St.  I»uiH  County,  hind  vulufH.  1H2:  UmiImt,  109;  Irou  lultiMi.  172k. 

St.  IxiUi8  Itlver.  112,  129.  IWi,  221. 

St.  l/ouls  River  canal,  221. 

St.  Louis  route,  192,  198. 

St.  I'uuls.  211. 

Saint  Pierre,  J.  It.  L.  de.  122. 

St.  Vital.  157,  211. 

Sand  l)eache«,  effect  of  regulation  on.  31. 

Sand  Hill  Lake,  116. 

Sand  Point  I^ike,  14.  112;  ttsheries.  18-J. 

Sandy  Lake,  124,  128. 

Sandy  Point.  181. 

Sauteaux  IndiauH,  19(). 

Savane  lllver,  198. 

Savannah  Hlver.  128. 

Sawblll  gold  mine,  175. 

Schnarr.  Dr.,  on  noruuil  or  nHtuml,  54. 

Schoolcraft.  H.  U..  127.  181. 

Scovil,  8.  S.,  188;  on  tuurlitt  Interevta.  207. 

Sea  River.  111. 

Seasonal  fluctuatlonM  In  levelii.  51). 

Seepage,  effect  of,  59. 

Seine  River,  gold  ndueit,  175. 

Selkirk.  Ixird.  125.  126,  129. 

Settlement,  141-lflO. 

Shcvlln-(Marke  Lumber  Oooqpnjr.  ITO  471. 

Shipping,  llHt  of.  28S-a88w 

Shtml  Lake.  181.  108;  dlvemlon.  4A,  186-lOT. 

Short.  J..  171. 

Shunk,  FriuH-iH  R..  on  lake  lerela.  31.  82;  on  NonMn  dMk  SL 

Stiver  mining.  178. 

SlmpHon,  Sir  (}<>«>rite.  12R.  IW.  108,  107.  904. 

Htng.  J.  (}..  196.  109. 

Sioux  NarroWM.  111. 

RleemnnM.  145. 

i^oulh  KawlMhIwI  RIvicr.  '£il.  Itt. 

South  lOiore.  I^ke  ot  ihr  WnoOa.  lloaaMi  lawla.  lOi  30;  NaCa  rapnft.  !•    p*^ 

t«Bt«  of  aattlara.  10. 
South  W««t  Oompany.  UK.  ISB^ 
Spadal  commlaalon  mnrMtad,  t8. 
Bpoooar.  144.  171. 
BtMun  navlinidon.  105  10T.  aOdL 
BtMOtrann.  Ifnlvor.  pctftf  of  raf^prww.  108, 
Staap  R«>ck  Pnll.  215. 
Slolln  gold  ndnr.  175. 

Stewart.  Wllllnm  J.,  on  dvalrabia  Irrahi  fbr  navUPllaa.  A 
Stone  Roatwirk  Onmpanjr.  IST.  IM. 


260  INDEX. 

stonewall,  211. 

Stony  Mountain,  211. 

Storas*'  r<H<niiiiieii(UMl,  .'{.'>;  cMst  of,  35;  results  secured,  36;  effect  of,  78. 

Storage  reservoirs,  ufilizntion  of,  34. 

St  rat  ton.  14r». 

Stuart.  U«)»)ert.  125.  126,  12.S. 

Stiir«iHm  nsiieries,  180,  181,  18.3,  184,  186,  187. 

.Sultana  ^old  mines,  175.  176. 

Sununary  of  conclUKions,  39-40. 

Summer  campH.  207. 

Summer  reaort  interests,  levels  desirable.  42. 

Superior,  219,  220. 

Sui)erlor  National  Forest.  1(59. 

Supplemental  conclusions  and  re4-«tnuncndations,  75. 

Surveys  of  shore  lauds,  56-57. 

SwHllow-Hopkins  Company,  170. 

Tacli<i,  Hisliop.  108. 

Teclniical  Investigations,  12. 

Telcamimouen,  Lalce,  HI  ;  River,  119.  120,  121. 

Testimony,  13. 

Thorn,  Adam,  196. 

Thompson,  David,  123,  i:«,  134.  1.37,  laS,  192. 

Thompson,  M.  .T.,  145. 

Tiarks,  I.  I...  137,  138. 

Tinsley,  E..  on  fisheries,  186. 

Tittmanu,  O.  H.,  140. 

Tourist  interests,  204-208. 

Tower,  170,  188. 

Traa.scona,  157,  211. 

Treaty  of  Utrecht.  1713,  1.%. 

Treaty  of  1782,  133. 

Treaty  of  Paris,  1783,  133. 

Treaty  of  Amity  and  CV>mmercre,  1806,  135. 

Treaty  of  (ihent,  1814,  136. 

Treaty  with  Spain,  1899,  95. 

Treaty  of  1908,  140. 

Treaty  of  1911,  interpretation  of.  94,  97-98.  100,  103-109. 

Triumph  gold  mine,  17.'». 

Trout  Lake,  131. 

Tug  Channel,  117. 

Tunnel  Island,  132. 

Twining,  A\'.  .T.,  116,  137,  138,  168. 

Two  Harl)ours,  219,  220. 

Urafreville,  E.,  192,  193. 

Uniform  level  vs.  uniform  outflow,  41. 

Unite<l  States  Land  Office  surveys,  19. 

Upham,  Warren,  114. 

Upper  Rainy  watershetl,  14 ;  cliaracteristics,  14. 

Vaudreuil,  Marquis  de,  135. 

Vermilion  Lake,  128,  188,  219. 

Vermilion  Range,  114,  174,  178. 

Vermilion  River,  192 ;  power  sites,  219. 

Virginia  and  Rainy  Lake  Lumber  Company,  170. 


INDEX.  S61 

Volstead  drainage  law,  147. 

Wanigans,  194. 

Warroad,  143,  144,  150;  liarlMir  iniproveuieuu.  18,  an*:  fimtMrtliw  of.  SI 

Hystem,  31,  46,  151-156;  land  values,  106. 
Warroad  River,  116,  127,  131.  141,  142.  148.  151. 
Watap,  191. 
VVater-r><)wer  Intfrextx.  200-220;  at  ihuIkh.  It-vels  dt^irublr.  -Mi  47  ;  .m 

Halny  Kiver,  48;  on  Winnipeg  River,  eflTet-t  of  rej^ilMtlon.  48-49.  •JT. 
Waterslied  niiip.  13. 
Water  .supply  and  sanitation,  151-158. 
Watrous  Island  B<x>ni  (Vtnipany.  201. 
WebHter-Ashhurton  Treaty.  22:{.  rJ4.  225.  282,  288,  284. 
West  Selkirk.  211. 
Western  Canal  ConipHuy,  201. 
Western  Outlet,  16. 
Wheeler,  Alonzo,  143. 
WJieeler's  Point.  148. 
White.  Aubrey,  169. 
White,  James,  186.  136. 
White  DoK  Rapids  power  site,  212.  218. 
Whitefish  Lake,  111,  131. 
White  Iron  Lake,  221,  222,  228. 
White  River,  111. 
Whitotnud  FallK.  212. 
Wild  pune.  207-208. 
Wild  rUv,  15i».  HJO,  161. 
WlleyM  reef,  195. 
Wl-nlpi  River,  IIL 
WInipIr  River.  112. 
Winni|HH>k  Rl%er.  112. 

Winnipeg.  144,  156.  i.'iT.  Jtrr.  210,  212.  213.  228. 
WlnnlpHf  BlectrU'  Ratlwuy  (*«ini|Miiiy.  210.  211.  212.  2lli  ML 
Wlnnl)H'K  KlfH'trh:  StrtH>t  Railway  t^oiuiNiiiy,  211. 
Winnl|K'K  <i<-ii«'ral  l*ow««r  (%»nipany.  211. 
Wlnnl|H>K.  I4ikc.  ill.  122.222. 
WInnliM'K  River.  111.  ItiR.  200.  21.1.  222. 
Winnl|M<ff  Rivrr  I'owi*r  <Vini|Niny,  210.  212. 
WlnnlrM*Keon-«^MiM<,  112. 
WInton.  170. 
Wltrh'N  Cauldron.  181. 

Woirr,  I..  I'..  rriNirt  on  Warnwil  mwftnm,  48.  lai-iao.  IW  ttt 
Wolfiol«>y,  ClNrnot.  161. 
Wfwlnian.  A.  J.,  on  tliilirrteii,  \M. 
W'yvttW,  M.  M..  Nnifie  of  r>ft>goc».  108. 
York  iMMita.  104. 
Yuin-Yiun  goM  mlii«.  17& 
7ilnc-blend4*.  170. 
Zippel.  W.  M..  148. 
Xipiwl  lUy.  ll^  141.  900. 
Zlp|H>l  Cn^k,  148. 


'■D21-100„.12,.43(8,S6., 


YD  07 


IsJsJ 


369799 


UNIVERSITY  OF  CAUFORNU  UBRARY 


